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Arb-Med-Arb Under CRCICA

In implementation of its policy to promote and encourage mediation, CRCICA issued, during the second quarter of 2019, a Guidance Note to encourage the Parties to current or future arbitration proceedings to consider using Arb-Med-Arb (arbitration – mediation – arbitration).

The Guidance Note explained the process highlighting that both mediation and arbitration will take place under CRCICA Rules. The Note also recommended that the parties appoint a mediator other than the arbitrator(s) to encourage full disclosure during mediation sessions. It clarified that in case of success of the mediation, the parties may resume arbitral proceedings to request the issuance of an award by consent, and in case of failure of the mediation, the parties will also resume resolution of their conflict through arbitration.

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