does the same person have to do both?

no. med-arb can be designed to have a different person fill the role of mediator + arbitrator. this still maintains several benefits of the hybrid process.

specifically, when the identity of the arbitrator is known in advance of mediation, it is easier for parties to consider the reality (including cost + time) of proceeding to arbitration.

this can avoid uncertainty, inefficiency + the negotiation of who will fulfill the role of arbitrator after mediation.

that said, many prefer to have their mediator become their arbitrator. they gain comfort with them from rapport built in mediation + certain efficiencies that can be realized with their existing familiarity... so long as all are clear that information offered in mediation is not the same as evidence to be deliberated upon in coming to a decision as arbitrator.

 

 

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