Arising Needs During Mediation Sessions, Suggestions That May Support the Mediation Settlement: "Limited Arbitral Authority" and "Mediator as an Escrow"

Abstract

In a mediation process where a settlement is not reached, there is still a need for proposals that can resolve the dispute. With the Mediator's proposal and the parties' acceptance it is possible to transition from mediation to arbitration. After transitioning to arbitration, providing an opportunity that prevents the parties from facing surprise arbitral awards can be beneficial for resolving the dispute. The method mentioned as " Limited Arbitration Authority " aims to provide solutions for situations where, parties forwarded toward a settlement in mediation. The aim of the method is to allow for the resolution of the dispute within the limit determined by the parties, without disregarding mediation phase. The need for the delivery of movable property to a neutral, trustworthy third party may also arise to facilitate the parties' to reach a settlement in mediation. The mediators role as an escrow agent will enable settlements in mediation.