Multi-Tier Dispute Resolution (MDR)

“Multi-tier dispute resolution” (MDR) combines hybrid forms of dispute resolution that often start with mediation, neutral evaluation, or other non-adjudicative approaches and is followed by an adjudicative approach (e.g. arbitration or litigation) when the initial non-adjudicative approach is unsuccessful in resolving all or part of the parties’ disputes. MDR provides parties with flexible, creative, and often cost-saving means for settling their disputes; therefore, it has become increasingly popular. Anselmo Reyes and Weixia Gu’s edited volume is a must-see work for people who are interested in MDR. First and most importantly, the book provides a comparative global overview of legal issues related to MDR and in-depth introductions to MDR laws of 13 jurisdictions (i.e. China, Hong Kong, Taiwan, Japan, Korea, Singapore, the US, the UK, Canada, Australia, the EU, Russia, and OHADA countries). The book is divided into four parts containing 18 chapters in total. Part One provides a global overview of MDR featuring two chapters. Chapter One defines the concept of MDR and explores the differences between “med-arb,” “arb-med,” “arb-med-arb,” etc. It then presents the comparative findings of the book regarding MDR laws and practices in common-law Asia, civil-law Asia, other common-law jurisdictions in the world, and continental Europe. It attributes the diverse development of MDR in the above jurisdictions to various factors, such as “a jurisdiction’s legal system, the tradition, and its multi-faceted and variegated cultural aspects” (p. 24). Chapter Two provides an impressive statistics analysis of MDR laws in 195 jurisdictions. The statistics are presented by easy-to-read colourful charts and detailed analysis covering approaches to med-arb, arb-med, regulatory patterns, and development status. Part Four (Chapter Eighteen) concludes the book with a testimony to the resilience and the attraction of MDR in different parts of the world. It argues that MDR will “allow ample flexibility and informality in its mediation stage” and “not jeopardize any award produced in the arbitration stage by reason of the mediation stage having been conducted too loosely” (p. 441). Part Two of the book focuses on Asia. It first explores the general trends of MDR. The chapter with respect to China (Chapter Three) concludes that it is hard to answer whether MDR in China will be impeded by due process issues, especially those caused by the same neutral serving as both mediator and arbitrator. This is because the majority of Chinese clients are attracted by the familiarity and efficiency that Chinese MDR brings and they usually do not worry about its procedural defects. Chapter Four explores MDR in Hong Kong by considering the competition from Singapore, Shanghai, Shenzhen, and Dubai, and suggests Hong Kong policy-makers engage more efforts to incentivize the use of MDR. According to Chapter Five, although Taiwan is not a member of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, or the Singapore Convention on Mediation, in civil, family,