what is med-arb?
it is a process that combines mediation + arbitration.
this can be arranged in a variety of ways, but the type of process i most commonly offer works like this...
i am engaged to mediate a dispute with the understanding that i will decide any issues that remain after the mediation.
i do not pass judgment or accept evidence during mediation. the arbitration phase of the process takes place after + is distinct.
what this hybrid process offers is a clear path to conflict closure. this allows parties in conflict to try to collaborate through mediation while avoiding the cost + delay of finding an arbitrator after mediation takes place.
i include a gap between the mediation + arbitration parts of a med-arb to give everyone involved a breather - and a chance to "opt-out"... this helps ensure that nothing that occured in mediation is a concern as i switch roles to become the decision maker.
med-arb can be a very effective process for addressing conflict, but it is not appropriate in every situation.