• Journal of Arbitration Studies
• /
• v.24 no.1
• /
• pp.85-109
• /
• 2014

Mediation and Arbitration are two distinct ADR processes. Their dissimilarity lies in the principle that in mediation the parties themselves decide what the resolution to the problem is, whereas in arbitration the arbitrator makes that determination. Med-Arb, hybrid of the two methods, is a fairly new ADR process dating back to the 1970s. Med-Arb capitalizes on the advantages of both mediation and arbitration, while eliminating many of their disadvantages. Mediation has the advantage of allowing for resolutions rather than decisions. Arbitration has the advantage of guaranteeing that the matter will be resolved when the procedure is over. In Med-Arb, the participants agree to be parties to mediation, and if the mediation comes to an impasse, a final settlement will be reached through arbitration. This study first explicates the origin and the development of Med-Arb in the United States. This study shows that the emergence of Med-Arb is benefited from the fact that arbitration has lost its own advantages ie, speed, cost-saving, and maintenance of an ongoing relationship between the disputants. Second, this study analyzes four cases in which Med-Arb is applied to various kinds of disputes as a tool of dispute resolution: labor disputes, entertainment disputes, will disputes, and international commercial disputes, consecutively. All those case studies show the generality of Med-Arb as a dispute resolution channel. Third, this study compares the advantages and disadvantages of Med-Arb. Finally, this study discusses the implications of Med-Arb. In particular it provides the universality of this hybrid form of dispute resolution in the East and West. For example, we show that China has its own distinctive Med-Arb system, where it has developed from ancient Confucian philosophy. Japan also emphasizes the role of an arbitrator who settles the disputes in the course of arbitration. The domestic arbitration rules of the Korean Commercial Arbitration Board (KCAB) have a similar process in that arbitration contains an element of conciliation. With regard to the universal characteristics of Med-Arb, it is necessary to analyze the pros and cons of Med-Arb at a deeper level in the future. One caveat is that it is necessary to handle the issues of the neutrality of the mediator-arbitrator.

• Korean Journal of Materials Research
• /
• v.17 no.10
• /
• pp.521-525
• /
• 2007

The microstructure and mechanical properties of an oxygen free copper processed by accumulative roll bonding(ARB) at low strain rate were studied. The copper sheets were highly strained up to an equivalent strain of ${\sim}6.4$ by ARB process at ambient temperature. The strain rate of the copper during the ARB was $2.6sec^{-1}$. The microstructure and mechanical properties of the ARB-processed copper were compared to those of the specimens processed by ARB at relatively high strain rate ($37sec^{-1}$). The microstructure and mechanical properties of the copper with ARB process was very similar to each other despite of some differences in recovery.

• Proceedings of the Korean Society for Technology of Plasticity Conference
• /
• 2000.10a
• /
• pp.21-24
• /
• 2000

Ultra-fine grains were produced in pure Al using an Accumulative Rolling-Bonding (ARB) process. After several cycles of the ARB process, pure Al sheets were filled with the ultra-fine grains whose diameters were several hundred nano-meters. With ARB cycles, the nature of grain boundaries of the ultra-fine grains changed from diffusive sub-boundaries to well-defined high angle boundaries. After 7 cycles, ultra-fine polycrystals with large misorientations between neighboring grains were obtained. Sliding wear tests using a pin-on-disk type wear tester were co ducted on the ultra-fine grained pure Al. Wear rates of pure Al increased with the increase of ARB cycle numbers in spite of the increase in hardness. Worn surfaces and cross-sections were examined with optical microscopy (OM) and scanning electron microscopy (SEM) In investigate the wear mechanism of the ultra-fine grained pure Al.

• Proceedings of the Korean Society for Technology of Plasticity Conference
• /
• 2001.05a
• /
• pp.147-150
• /
• 2001

The ARB (Accumulative Rolling Bonding) Process was applied to a 6061 Al alloy to obtain ultra-fine grains. After 4 ARB cycles at $315^{\circ}C$, original equilibrium large grains were transformed to ultra-fine grains of several hundred nano-meter size with nonequilibrium grain boundaries. At lower number of cycles, microsutcture of highly-tangled dislocation cells were observed. Large grains and coarsened precipitates filled the microstructure of specimens experienced ARB cycles more than 5. Sliding wear tests using a pin-on-disk type wear tester were conducted on the ARB processed 6061 Al alloy plate. Wear rates of the 6061 Al alloy increased with the increase of ARB cycle number as well as the applied load. Worn surfaces and debris, cross-sections of the worn specimen were examined with scanning electron microscopy (SEM) to investigate the wear mechanism of the ultra-fine grained 6061 Al Tensile properties of the 6061 Al alloy were also studied and used to correlate the wear test results with the microstructures, which evolved continuously with the number of ARB cycles.

• Korean Journal of Metals and Materials
• /
• v.49 no.11
• /
• pp.893-899
• /
• 2011

Fabrication of a complex aluminum alloy by the ARB process using dissimilar aluminum alloys has been carried out. Two-layer stack ARB was performed for up to six cycles at ambient temperature without a lubricant according to the conventional procedure. Dissimilar aluminum sheets of AA1050 and AA5052 with thickness of 1 mm were degreased and wire-brushed for the ARB process. The sheets were then stacked together and rolled to 50% reduction such that the thickness became 1 mm again. The sheet was then cut into two pieces of identical length and the same procedure was repeated for up to six cycles. A sound complex aluminum alloy sheet was successfully fabricated by the ARB process. The tensile strength increased as the number of ARB cycles was increased, reaching 298 MPa after 5 cycles, which is about 2.2 times that of the initial material. The average grain size was $24{\mu}m$ after 1 cycle, and became $1.8{\mu}m$ after 6 cycles.

• Journal of Arbitration Studies
• /
• v.30 no.4
• /
• pp.51-70
• /
• 2020

The Mediation-Arbitration hybrid is becoming more popular since it makes an amicable relationship and thorough statement possible. The Mediation-Arbitration hybrid has been used to take advantage of both dispute resolution methods. In a Med-Arb process, negotiating a resolution to disputes is attempted with a mediator's help. If the mediation ends in an impasse or issues remain unresolved, parties can move on to arbitration. Med-Arb can also be cost-effective when disputants hire one person to serve as mediator and arbitrator (Med-Arb-Pure). However, it can disturb the fairness and neutrality of arbitrators, and awards can be annulled. Indeed, "Award by Consent" is different from the "Med-Arb-Pure" process. Arbitrators easily confuse them. Only the parties settle on the arbitral proceedings' course, and the arbitrator can help them (award by consent). The role and skill of a mediator are different from an arbitrator's. Disputants have the right to use a mediator who specializes in mediation. Moreover, mediation communication confidentiality is the essential value of mediation, and this should be protected. Therefore, in the process of "Med-Arb," separation between mediating and arbitrating is a better choice to specialize in each expertise. In this process, "Med-Arb" can be an affordable, expeditious, proper, and effective method of resolving international commercial disputes and continuing ADR prime time.

• The Korea Journal of Herbology
• /
• v.33 no.5
• /
• pp.53-66
• /
• 2018

Objectives : This study was designed to compare the effects of acanthopanax stem bark (ASB) and acanthopanax root bark (ARB) on the monosodium iodoacetate (MIA)-induced osteoarthritis rats. Methods : The antioxidant activities were evaluated through radical scavenging assays using 2,2'-azino-bis (3-ethylbenzothiazoline-6-sulphonic acid) (ABTS) radicals and 1,1-diphenyl-2-picrylhydrazyl (DPPH) radicals. Also, we examined total poly phenol and flavonoids contents. Osteoarthritis was caused by injection MIA($50{\mu}{\ell}$ with $80mg/m{\ell}$) into the knee joint cavity of rats. Rats were divided by 4 groups (normal group, control group, ASB treated group, ARB treated group, each n=6). The changes in the levels of reactive oxygen species (ROS), alanine aminotransferase (ALT) and aspartate aminotransferase (AST) in serum were analyzed after experiment. Also, the anti-oxidant, inflammatory protein levels were investigated western blot analysis. Knee joint tissue, histopathological observation hematoxylin & eosin staining and safranin-O staining were measured. Results : In the present study, ARB treated group showed superior inhibitory effects on the inflammatory parameters than the ASB treated group. ARB aqueous extract was effective in antioxidant measurements. The administration of ARB showed a significant reduction of changes in relative hind paw weight distribution. Morever, it decreased ROS, ALT and AST levels in serum, compared with those of the control rats. The ARB administration inhibited the biomarkers of inflammatory in tissues. Conclusions : ASB aqueous extract and ARB aqueous extract have a great effect on osteoarthritis, and ARB aqueous extract has excellent effect on osteoarthritis through antioxidant and anti-inflammation.

• Journal of Powder Materials
• /
• v.12 no.1
• /
• pp.30-35
• /
• 2005

An aluminum powder compact consolidated by a powder-in sheath rolling (PSR) method was severely deformed by accumulative roll-bonding (ARB) process. The ARB process was performed up to 8 cycles at ambient temperature without lubrication. Optical microscope and transmission electron microscope observations revealed that microstructure of the ARB-processed Al powder compact is inhomogeneous in the thickness direction. The ultra-fine subgrains often reported in the ARB-processed bulky materials were also developed near surface of the Al powder compacts in this study. Tensile strength of the ARB-processed Al powder compact increased at the 1st cycle, but from the 2nd cycle it rather decreased slightly.

• Journal of Powder Materials
• /
• v.13 no.1 s.54
• /
• pp.39-45
• /
• 2006

The $Al/SiC_p$ particle reinforced composite fabricated by a powder-in sheath rolling (PSR) method was severely. deformed by the accumulative roll-bonding (ARB) process. The ARB process was performed up to 8 cycles at ambient temperature without lubricant. The ARBed composite exhibited an ulbricant. grained structure similar to the other ARBed bulky materials. Tensile strength of the composite increased gradually with the number of ARB cycles, but from the 6th cycle it rather decreased slightly. These characteristics of the composite were somewhat different from those of Al powder compact fabricated by the same procedures. The difference in microstructure and mechanical properties between Al powder compact and the composite was discussed.

• Korean Journal of Materials Research
• /
• v.22 no.8
• /
• pp.403-408
• /
• 2012

A sample of ultra low carbon IF steel was processed by six-layer stack accumulative roll-bonding (ARB) and annealed. The ARB was conducted at ambient temperature after deforming the as-received material to a thickness of 0.5 mm by 50% cold rolling. The ARB was performed for a six-layer stacked, i.e. a 3 mm thick sheet, up to 3 cycles (an equivalent strain of ~7.0). In each ARB cycle, the stacked sheets were, first, deformed to 1.5 mm thickness by 50% rolling and then reduced to 0.5 mm thickness, as the starting thickness, by multi-pass rolling without lubrication. The specimen after 3 cycles was then annealed for 0.5 h at various temperatures ranging from 673 to 973 K. The microstructural evolution with the annealing temperature for the 3-cycle ARB processed IF steel was investigated in detail by transmission electron microscopy observation. The ARB processed IF steel exhibited mainly a dislocation cell lamella structure with relatively high dislocation density in which the subgrains were partially observed. The selected area diffraction (SAD) patterns suggested that the misorientation between neighboring cells or subgrains was very small. The thickness of the grains increased in a gradual way up to 873 K, but above 898 K it increased drastically. As a result, the grains came to have an equiaxed morphology at 898 K, in which the width and the thickness of the grains were almost identical. The grain growth occurred actively at temperatures above 923 K.