Can a Good Mediator also be a Good Arbitrator?
This Article considers whether a good mediator can also be a good arbitrator. It provides examples of domestic legislation which allow mediators to serve as arbitrators, even in the same dispute. The requirements of natural justice, which are integral to the arbitration process, are largely ineffect...
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| Format: | Journal Article |
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LexisNexis Hong Kong
2009
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| Online Access: | http://hdl.handle.net/20.500.11937/9642 |
| _version_ | 1848746008681381888 |
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| author | Moens, Gabriël |
| author_facet | Moens, Gabriël |
| author_sort | Moens, Gabriël |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | This Article considers whether a good mediator can also be a good arbitrator. It provides examples of domestic legislation which allow mediators to serve as arbitrators, even in the same dispute. The requirements of natural justice, which are integral to the arbitration process, are largely ineffective in mediation proceedings. It is argued that, because of the ineffectiveness of the application of the rules of natural justice in mediation proceedings, the roles of mediators and arbitrators are distinct and incompatible. |
| first_indexed | 2025-11-14T06:26:25Z |
| format | Journal Article |
| id | curtin-20.500.11937-9642 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T06:26:25Z |
| publishDate | 2009 |
| publisher | LexisNexis Hong Kong |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-96422017-01-30T11:14:07Z Can a Good Mediator also be a Good Arbitrator? Moens, Gabriël This Article considers whether a good mediator can also be a good arbitrator. It provides examples of domestic legislation which allow mediators to serve as arbitrators, even in the same dispute. The requirements of natural justice, which are integral to the arbitration process, are largely ineffective in mediation proceedings. It is argued that, because of the ineffectiveness of the application of the rules of natural justice in mediation proceedings, the roles of mediators and arbitrators are distinct and incompatible. 2009 Journal Article http://hdl.handle.net/20.500.11937/9642 LexisNexis Hong Kong restricted |
| spellingShingle | Moens, Gabriël Can a Good Mediator also be a Good Arbitrator? |
| title | Can a Good Mediator also be a Good Arbitrator? |
| title_full | Can a Good Mediator also be a Good Arbitrator? |
| title_fullStr | Can a Good Mediator also be a Good Arbitrator? |
| title_full_unstemmed | Can a Good Mediator also be a Good Arbitrator? |
| title_short | Can a Good Mediator also be a Good Arbitrator? |
| title_sort | can a good mediator also be a good arbitrator? |
| url | http://hdl.handle.net/20.500.11937/9642 |