What is Mediation / Arbitration?
Mediation / Arbitration (Med-Arb) is a hybrid process that begins with mediation. If the parties are unable to reach agreement, the mediator transitions into the role of arbitrator to issue a binding decision. This approach combines the collaborative benefits of mediation with the certainty of arbitration.
- Starts as a facilitated negotiation
- Provides opportunity for voluntary settlement
- Ensures closure if impasse occurs
- Streamlines resolution with one neutral for both phases
Med-Arb offers parties efficiency and certainty in a single, continuous process.
When to Use Mediation / Arbitration
Attorneys recommend this process when:
- Parties want the chance to settle but need finality if talks fail
- The cost of prolonged litigation is prohibitive
- Confidentiality and speed are critical
- Business or personal relationships require resolution without delay
Benefits of Mediation / Arbitration
Efficiency
One neutral guides the process from start to finish, reducing duplication of time and cost.
Flexibility
Parties first explore collaborative solutions before moving to a binding decision if needed.
Certainty
Even if mediation does not result in settlement, arbitration ensures the dispute concludes with a final resolution.
Confidentiality
Proceedings remain private, shielding sensitive matters from public record.
The Med-Arb Process
- Mediation Phase: Parties work with the neutral mediator to explore issues, interests, and settlement options.
- Transition: If mediation does not resolve the dispute, the mediator—by prior agreement—becomes the arbitrator.
- Arbitration Phase: The neutral arbitrator hears evidence and issues a binding decision.
- Final Resolution: The case concludes with either a voluntary settlement or an enforceable arbitral award.
Why Choose Conclude ADR for Med-Arb?
- Dual Expertise: Neutrals skilled in both mediation and arbitration.
- Streamlined Process: Seamless transition between phases with one neutral.
- Practical Solutions: Balanced focus on collaboration and closure.
- Transparent Pricing: Clear day rates that account for both mediation and arbitration services.
Related ADR Services
Med-Arb is one option within a spectrum of resolution methods:
Practice Areas Where Med-Arb Excels
Med-Arb is especially effective in:
- Commercial and contract disputes
- Partnership and shareholder matters
- Employment and workplace conflicts
- Complex multi-issue business disputes
Need efficiency with guaranteed resolution? Explore our roster of Med-Arb neutrals.