What Is "Med-Arb" And Why Use It?
By: LawInfo
"MedArb," short for "mediationarbitration," is a twostep dispute resolution process that borrows from both methods of dispute resolution. Parties attempt to resolve their dispute in mediation, and, if they fail to resolve some or all of their issues, the remaining issues are automatically submitted to arbitration. As it was originally conceived in the 1970s, the same "neutral" (objective facilitator) serves as both mediator and arbitrator, and, therefore, must be skilled in both roles. Over the years, a number of variations of MedArb have been established, some using two neutrals and others varying the order of the mediation and arbitration processes. This method can provide the opportunity to reach collaborative settlements with the understanding that any unresolved issues will be decided by a thirdparty decisionmaker. This can reduce pressure on the parties to reach complete agreement in the mediation stage.
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Additional Arbitration FAQs
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Q:
Are Companies Required To Inform Stockholders Of Their Involvement In A Lawsuit?
A: Companies are only required to report legal proceedings in their registration statement, quarterly report, and annual report. They do not have to make special reports … More -
Q:
What Is Arbitration?
A: Arbitration is referral of a dispute to one or more impartial persons (nonparties) for final and binding determination (resolution). When the decision is binding, … More -
Q:
What Is Mediation?
A: Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process … More -
Q:
Can I Get Information Concerning The SEC's Ongoing Investigation Of A Public Company?
A: The SEC has a policy of maintaining confidentiality about any details of its investigations until the cases are filed with the courts or a similar judicial body. This … More -
Q:
Why Use Arbitration Instead Of Going To Court ("litigation")?
A: The American Bar Association estimates that as many as 100 million Americans are shut out of the legal system due to the high cost of justice. In a 1999 survey, the … More -
Q:
How Do We Get To Mediation?
A: The mediation process is usually voluntary the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. … More -
Q:
Is It Possible To Obtain The Results Of An Sec Investigation?
A: You can only find out which companies or individuals have been charged with an offense, and this information may be obtained from the Enforcement Actions Section of … More -
Q:
How Do You Apply For Arbitration?
A: Typically, to begin an arbitration, one party completes an arbitration claim form, files it with the arbitration administrator and pays and a filing fee, if any. The … More -
Q:
How Much Time Is Required To Schedule A Mediation?
A: Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define … More -
Q:
Is It Possible To Find Out If There Have Been Complaints Filed With The SEC About A Particular Company?
A: Yes, the Enforcement Actions Section of the SEC provides this information, and you can often get similar information by way of the Freedom of Information Act. More
Alternative Dispute Resolution Sub-categories
| Collaborative Law | Mediation |
