What is Med-Arb?
Med-Arb is a dispute resolution process that combines both Mediation and Arbitration.
Initially, the parties try to reach a settlement through a regular Mediation process.
If the parties are unable to resolve all of their issues through Mediation, then the process switches from being a Mediation to an Arbitration, and an arbitrator (the same person who acted as the mediator) makes the final, legally binding, decisions on behalf of the parties.
Med-Arb combines the advantages of both Mediation and Arbitration:
- Because the parties are able to discuss their dispute in the presence of a professionally trained mediator, the process is much more likely to preserve long term relationships or even repair those that may have been damaged by the dispute in the first place;
- During the Mediation phase the parties have control over the final outcome and they are often able to find creative solutions that result in a win-win for all concerned;
- Resolution is certain, because if the parties are unable to negotiate a final outcome on their own, (during the Mediation portion of the process), then a final decision is ultimately rendered by the mediator who switches into the evaluative arbitrator role;
- The transition from Mediation and Arbitration is seamless;
- Mediation, Arbitration, and Med-Arb are always much faster, much less expensive, and considerably more private than a courtroom battle.
Ask us how we can help you resolve your disputes, with a free, no-obligation, initial consultation.