Med-Arb is a hybrid approach where the parties’ start off with mediation and if that fails move on to arbitration. This guarantees all issues will be resolved.
One of the common concerns about mediation is what happens if you don’t settle? People do not want to waste their money on mediation if it is not going to lead to a result. Med-Arb is the answer.
The process starts with the parties attending mediating. They settle as many issues as possible before moving to arbitration. In the arbitration, the Arbitrator will make the final decision. The arbitrator is just like a Judge in the traditional court process.
The Arbitrator is often the same person as the mediator. However, at the request of either party, a different arbitrator can be appointed. This option is available to protect against any perception that the mediator formed a bias during the mediation part of the process.
Med-Arb works very well for people who are concerned that if the mediation process fails, they will have to start over again in the traditional court process.
Med-Arb also has the advantage of speed and confidentiality. It can take months to get into court, while a Med-Arb can be completed in less than a month.
For more information on the benefits of Mediation-Arbitration process, click here
To get started, contact Victoria Mediation Services.
The Mediatin/Arbitration Advantage
Speed — The Med-Arb process can be started and resolved quickly. The mediation can be set up in a matter of days and the arbitration within a few weeks.
Efficient — By settling most issues through mediation, you limit the number of issues to fight over. When you move to arbitration, you will be more focussed and better able to reach a resolution.
Confidential — With few exceptions, Med-Arb process takes place in private and remains private.
Finality — The Arbitrator’s decision is final and binding. The right of appeal is limited and appeals are rare.