Institutional Mediation
What institutional mediation means at Lex Arbitrate
Mediation administered by Lex Arbitrate is a structured, confidential, and time-bounded process by which a neutral mediator assists the parties in reaching their own settlement. The mediator does not decide. The institution provides the procedural frame within which a settlement, if reached, is captured in a binding instrument enforceable as a contract or, where the parties so elect, as a consent award under the Arb-Med-Arb Protocol.
Confidentiality is absolute. Communications during mediation are inadmissible in any subsequent arbitration or court proceeding except for the final settlement instrument. The mediator is bound by a written confidentiality undertaking. Documents created for mediation are returned or destroyed on conclusion.
When mediation is the right pathway
The Arb-Med-Arb pathway
For parties who require enforceability of any settlement reached, Lex Arbitrate administers the Arb-Med-Arb sequence. Arbitration is commenced and the tribunal constituted. Mediation is then attempted within an agreed window. If settlement is reached, it is recorded as a consent arbitral award, enforceable under the New York Convention in over 170 jurisdictions. If no settlement is reached, the arbitration resumes seamlessly without loss of time or fees.
This pathway combines the consensual strength of mediation with the enforcement strength of arbitration. It is the institution’s recommended route for cross-border commercial matters.
Mediator selection
Mediators are drawn from the institutional Mediator Panel. Selection may be by joint nomination, by institutional appointment from a shortlist, or by a list-and-strike procedure. All institutional mediators have completed accredited mediation training and have signed the institutional Code of Conduct.
Sectoral specialisation — construction, energy, technology, financial services, real estate — is available where the parties so request.