The Rationality and System Perfection of Identity Compatibility between Arbitrator and Mediator in the Med-Arb Model

In the framework of the Med-Arb Model process, it is reasonable to assume that the identity of the mediator and arbitrator is compatible, which means they could be the same person. This alignment is an important manifestation of the involved parties’ autonomy, aligning with substantive justice in practice and enhancing the efficiency of dispute resolution. Besides, the neutrality and impartiality of mediators and arbitrators are guaranteed by internal moderation and external supervision. The modification of the arbitrator selection procedure in the Draft Amendment of China’s Arbitration Law (2021) aims to mitigate any crisis of confidence among the parties involved. To enhance this model, practical implementation necessitates the express consent of the parties, along with the requirement for the moderator to meet the qualification standards of both the mediator and the arbitrator. In this regard, the information obtained in the mediation is not allowed to be used in the arbitration. Additionally, the arbitration award needs to be reviewed, and there should be an adequate timeframe for procedural adjustments subsequent to the parties’ submissions of statements and evidence.