Hybrids are blends. They aim for interest based settlement designed by the parties themselves, and if that fails, then a pre-agreed final and binding Arbitration process follows.
Alternative Dispute Resolution [ADR] processes are not carved in stone.
Rules can be invented. As long as there is mutual agreement, parties could invent entire methods of their own.
The examples below are only a few of many creative devices that have been customised to suit particular circumstances, or even particular industries.
- Mediation – Arbitration (Med-Arb)
If Mediation Fails, the Dispute Is automatically settled by final and binding arbitration by the same mediator, or by a third party, afterwards.
- Arbitration – Mediation (Arb-Med)
The neutral first arbitrates, does not reveal his ruling which gets sealed in an envelope by him, and mediation begins. If mediation fails, the determination of the neutral becomes final and binding.
- High-Low Arbitration
Parties agree to the parameters before arbitration which are usually not revealed to the arbitrator. If he makes an award within those parameters, the award becomes final and binding. If the arbitrator’s award is lower or higher than the range established by the parties, the lower or higher limit set by the parties applies.
- Baseball Mediation
Each side writes down its final position, gives it to the neutral who decides for either one or the other but nothing in between. This incentivises both parties to present reasonable positions. Baseball Mediation is an example of a hybrid developed by, and for the baseball industry.
Because organisations are unique in structure, style, principles, and so forth, bespoke conflict resolution methods are often appropriate. They (especially hybrids) should be developed to suit the unique challenges of each enterprise – or those of departments, divisions or teams.
An ounce of mediation is worth a pound of arbitration and a ton of litigation ~ Joseph Grynbaum, Mediation Resolution International.