why is it said that med-arb increases the chance of settling in mediation?

particularly when your mediator may also become your arbitrator, the theory is that parties take mediation more seriously when it is part of a med-arb process.

in addition to taking more time to prepare for mediation when it is part of med-arb, the thought is that arbitration is more of a reality for parties when the path to receiving an arbitration award is clearer. mediating alone may not offer the same insights into the cost, timing + risk of arbitration that can be available with med-arb. this helps with reality checking + parties understanding their options when presented with settlement options in mediation.

please keep in mind that nothing about this theory applies only to med-arb. parties can prepare well for mediation + map out their arbitration procedure in advance even when they participate in mediation alone.

 

 

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