What characterizes mediation arbitration (Med-Arb)?

Mediation-arbitration, commonly referred to as Med-Arb, is characterized by an initial mediation phase where the parties attempt to resolve their disputes collaboratively with the assistance of a neutral third-party mediator. If the mediation is unsuccessful—in other words, if the parties are unable to reach a mutual agreement—the process transitions to arbitration. In the arbitration phase, the same neutral party, now acting as an arbitrator, will make a binding decision to resolve the conflict. This unique structure ensures that parties have the opportunity to settle their differences amicably before resorting to a more formal decision-making process.

The effectiveness of the Med-Arb process lies in its hybrid nature, combining the benefits of both mediation and arbitration. Mediation encourages open communication and collaboration, while arbitration provides a definitive resolution when mediation fails. This strategy can save time and resources and promotes a more harmonious resolution compared to arbitration alone.

This understanding of Med-Arb distinguishes it clearly from options that suggest a purely mediation approach without arbitration, a self-resolution process without any third-party involvement, or a specific informal format aimed solely at family disputes. Each of these alternatives does not capture the essence of Med-Arb, which is defined by the dual phases that engage both mediation and arbitration.