Mediation-arbitration (med-arb)—an introduction [Archived]
Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall
Practice notesMediation-arbitration (med-arb)—an introduction [Archived]
Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall
Practice notes
ARCHIVED: This archived Practice Note considers the Use of Mediation-Arbitration (med-arb) to resolve commercial disputes. It is not maintained and is for background information only. For information on alternative dispute resolution (ADR) in general, see: ADR and dispute resolution clauses—overview. For information on mediation, see: Mediation—overview.
Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors.
What is med-arb?
Med-arb is a hybrid, two-stage ADR process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator’s award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous.
There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator present
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mediation definition
What does Mediation mean?
A form of alternative dispute resolution in which a mediator follows a structured process to facilitate an agreed settlement between parties to a dispute.
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