if you mediated a case, can you arbitrate it?

yes. not always.

a key reason i decided to get my arbitrator training, experience + designation is because my mediation clients expressed interest in having me arbitrate lingering issues when mediation did not conclude in complete settlement.

it really depends on what took place at mediation and the comfort levels of the parties. my comfort, too.

i have had cases that i have arbitrated after mediating. this can be planned from the outset or decided long after mediation has taken place. i have also declined arbitrating a matter after being involved in the mediation of it. it really depends on the circumstances.

there is never harm in asking!



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