“Med-Arb” is the name given to a hybrid dispute resolution process where the parties submit a dispute to voluntary mediation but agree in advance that, if no settlement is reached, the parties will go right into binding arbitration with the Mediator acting as Arbitrator. The benefit to the parties is efficiency: the Mediator gains an understanding of the issues during the mediation and is prepared to receive evidence and to render a decision as an Arbitrator. It is also possible to design an “Arb-Med” process where specific issues are decided first with the parties then participating in mediation.
Submitting a dispute to Med-Arb or other hybrid dispute resolution process should not be done without the advice and participation of an attorney. The roles and obligations of a Mediator and Arbitrator are very different and require very specific understandings. However, with the consent of all parties and their lawyers, Business Mediation Network can assist the parties in a Med-Arb or other hybrid process that can bring closure to a dispute.
For further information on Med-Arb with a BMN neutral trained as both a Mediator and an Arbitrator, call or email Business Mediation Network (see Contact). In addition, BMN offers the following resources for attorneys considering Med-Arb for their clients:
Business Mediation Network Med-Arb Sample Agreement
“Unintended and Unexpected Consequences of Med-Arb,” article by BMN Mediator Richard Glaser