Hybrid processes involve the same neutral person acting as both mediator and arbitrator, thus offering the parties the opportunity of crafting their own agreement, together with the certainty that, if agreement is not possible, their dispute will be resolved by a binding arbitration award. This can be cheaper and quicker than appointing a different person to arbitrate.
Section 27D of the Commercial Arbitration Act, 2010 (NSW) contemplates an arbitrator being appointed, then mediating, then resuming the arbitration, at each stage with the parties’ consent, together with safeguards to ensure the enforceability of any award. Our sample mediation agreement enables the parties to proceed in this way. To read Alan Limbury's paper "Hybrid Dispute Resolution Processes" click here.