can med-arb work for anything?

no. not at all.

the hybrid med-arb process can be a very effective means of addressing certain disputes but by no means is it a catch-all.

med-arb can change the way mediation occurs + also the way arbitration occurs. it can offer efficiency but is only worthwhile when that efficiency does not get in the way of a fair process that gives the parties involved the best chance of addressing their conflict as cost effectively + comfortably as possible.

that said, med-arb does not only need to be considered at the outset of a dispute resolution process. there can be advantages of establishing the path for arbitration ahead of participating in mediation but i have also experienced many situations where parties opt to embrace med-arb at the conclusion of a mediation.





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