how quickly will med-arb resolve my conflict?

med-arb provides the opportunity to fully resolve your conflict in the mediation phase of the process. if that is done successfully, there is no need for the arbitration phase + conflict closure can be achieved as early as the day your mediation is scheduled.

perhaps the most common misunderstanding about med-arb, however, is the timing of closure if a dispute cannot be fully resolved through mediation.

the common assumption surrounds the same dispute resolution practitioner facilitating both the mediation + arbitration phases of the process. it is the belief that the med-arbitrator will immediately render a decision at the conclusion of the mediation. the problem is that mediation does not focus on the evidence + legal submissions an arbitrator needs to render an award. mediation + arbitration are different processes, with different focuses.

the extent + complexity of the issues to be determined impact the structure of the arbitration phase of the process and, in turn, the timing.

final offer selection - known as baseball arbitration - can be used on appropriate occasions to deliver prompt closure. one way it can be used in med-arb involves each party making their final offer at the end of the mediation phase + the med-arbitrator selecting one as the arbitration award. if the issue is simple + straightforward, there is potential for the decision to be made promptly after final offers are exchanged. however, it is usually the case that a gap in time is offered between the mediation + arbitration phases of med-arb - a schedule is then set for the arbitration phase + the arbitrator takes time to deliberate upon submissions before rendering their award.

i offer a decision timing guarantee for all of my arbitrations + encourage parties arbitrating to discuss decision timing early on if the matter is time sensitive or timing is otherwise important.

 

 

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