can i mediate after proceeding to arbitration?

yes. until the time that the arbitrator presents a binding award upon the parties, it is usually possible for all involved in an arbitration to agree to their own solution + withdraw from the process. it may be important to ensure that this is clear in the terms of your arbitrator's engagement, including the costs that would apply.

the more complicated consideration surrounds the role of the arbitrator. if you are looking to have your arbitrator act as your mediator, it may be important to first see if they are even able to do so. for example, section 35 of the arbitration act, 1991 does not permit arbitrators in ontario to mediate + this section of the legislation can be waived by parties who would like to have their arbitrator do just that.

 

 

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