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What Is "Med-Arb" And Why Use It?

"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.

Other Arbitration FAQs

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: 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 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: Are There Different Forms Of Arbitration? What Are The Differences?
A: Arbitration can be either binding or nonbinding. Binding arbitration is final and generally the outcome cannot be appealed. Nonbinding arbitration is … More
Q: How Does The Arbitration Process Generally Work?
A: The arbitrator initiates the hearing by swearing in the parties and witnesses who will testify. The parties then give opening arguments and present both documentary … More
Q: Are The Arbitration Proceedings Completely Confidential?
A: Arbitration hearings, unlike trials, are not open to the public. Everything discussed is done so in private and, in the context of the hearing, is confidential. Any … More
Q: How Is The Arbitrator Selected For The Proceeding?
A: Under the rules of the American Arbitration Association, arbitrators are selected by having each side strike (remove) any unacceptable arbitrators from a list of … More
Q: What Is The Aaa?
A: The American Arbitration Association is a private, nonprofit organization that provides guidance and rules for parties to follow in private arbitrations. It also … More
Q: Can You Choose Your Own Arbitrator Instead Of Going To The Aaa?
A: Parties who choose to find their own arbitrator rather than using the services of organizations like the AAA or the National Academy of Arbitration (NAA) can use … More

Alternative Dispute Resolution Sub-categories

Mediation