“Arbitration-Mediation-Arbitration” explained: combining mediation with enforceable outcomes

Arbitration-Mediation-Arbitration (“AMA”) is a dispute resolution process whereby parties begin with arbitration, pause for mediation, and – if settlement is reached– return to arbitration to formalise the outcome as a consent award. If a settlement is not reached, the arbitration resumes. 

AMA offers a structured blend of mediation and arbitration that may appeal to businesses seeking a flexible but enforceable approach, particularly in cross-border disputes. 

Why AMA is gaining momentum

AMA has gained momentum as dispute resolution process in recent years, driven by institutional innovation and judicial interest. 

Singapore has led the way with the development of the AMA Protocol in 2014, jointly administered by the Singapore International Arbitration Centre (“SIAC”) and the Singapore International Mediation Centre (“SIMC”). The AMA Protocol provides a formal framework which is designed to accommodate both domestic and cross-border disputes.

In the UK, Lady Justice Carr, speaking at the Civil Mediation Council’s annual conference in London in early 2025, described AMA as a way to settle disputes “earlier and more cost-effectively than via a normal arbitral process.” These remarks reflect two key shifts in the judiciary:

• A willingness to encourage and, where appropriate, require parties to engage in ADR processes (which can be demonstrated in the decision in Churchill v Merthyr Tydfil [2023][1] and recent changes to the Civil Procedure Rules); and
• A growing consideration of hybrid ADR mechanisms, such as ADR and their merits in delivering better outcomes for the parties. 

How does AMA work? 
Parties can agree, in their contract, to AMA as a dispute resolution process through the adoption of a specific multi-tiered dispute resolution clause. Focusing on the AMA Protocol, this envisages three interconnected phases: 

1. Arbitration

• The Claimant files a Notice of Arbitration under SIAC rules, triggering the formal arbitration process.
• The Respondent then files a Response to the Notice of Arbitration.

2. Mediation

• Once the arbitral tribunal is constituted, the arbitration is either stayed by agreement of the parties or suspended by direction of the tribunal and the matter is referred to SIMC for mediation.
• The parties are given an initial period of eight weeks to mediate and reach a settlement.

3. Arbitration (continued)

• If mediation succeeds, in whole or in part, the parties’ mediation settlement terms may be returned to the tribunal and formalised as a consent award.
• If mediation fails or only partially resolves the dispute, arbitration resumes to determine the unresolved issues in a final arbitral award.

Why consider AMA? 

AMA can offer an attractive approach to dispute resolution for the parties to consider when negotiating their contract, for the following reasons:

• Enforceability:
  • While mediation can lead to settlement, mediated settlement agreements are not always straightforward to enforce internationally, a such, if there is breach of a mediated settlement agreement a new claim may be required for breach of contract.
  • By contrast, a consent award issued by an arbitral tribunal is enforceable under the New York Convention, giving parties confidence that their agreement will be recognised and enforced in over 170 jurisdictions.
  • Therefore, the hybrid approach offered by AMA - combining the flexibility and relationship preserving qualities of mediation with the finality and enforceability of an arbitral award - makes it particularly attractive for cross-border disputes.
• Efficiency:
  • By encouraging early settlement through mediation, time and costs can be significantly reduced, opening the possibility that commercial relationships may be protected.
• Focused discussion for mediation:
  • By requiring parties to complete the initial steps in the arbitration process, they enter mediation with a clear understanding of each other’s position, potentially making discussions more focused. Early exchange of pleadings and evidence also clarifies whether a commercial resolution is viable.
• Avoids delaying tactics:
  • By having arbitration as an automatic recourse for settling any unresolved issues after a set period of time, parties are discouraged from using mediation as a stalling tactic. This serves to ensure that proceedings remain focused and productive.

Conclusion

AMA offers an attractive option for businesses, particularly those negotiating cross-border contracts. By integrating mediation into arbitration, parties gain a process that has the flexibility of mediation with the enforceability of an arbitral award. 

This article was written by Christopher Wenn, Elizabeth Pouget, Caroline Brown and Ben Randall, members of Burges Salmon’s specialist Dispute Resolution team.