Mediation-arbitration (med-arb)
Mediation-arbitration (med-arb)

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Mediation-arbitration (med-arb)
  • Features of med-arb
  • Med-arb order of process
  • When and how is med-arb used?

Features of med-arb

  1. is a hybrid, two-stage ADR process

  2. the parties agree to give the mediator power to convert automatically to being an arbitrator and make a legally binding award if the mediation fails to result in settlement

  3. the arbitration phase of the process will be legally binding, and the arbitrator's award is enforceable

  4. gives the parties certainty of outcome

Med-arb order of process

The med-arb process will usually follow this order:

  1. the parties appoint a neutral as mediator/arbitrator

  2. the parties agree a specified point in the mediation at which the process will switch automatically t