What is it? Mediation/Arbitration (or Med-Arb) is a process if you want to do mediation, but also want a final binding decision. The parties attend mediation and if there is an agreement, can enter into a consent arbitration award or if no agreement proceed to have the matter heard through an arbitration process with an award at the conclusion. The process of the arbitration can be specially tailored to the parties and agreed upon in advance.
Role of the Mediator/Arbitrator In a Med-Arb, the parties can agree that the mediator will also serve as their Arbitrator or they can agree to have the mediator and arbitrator as two separate people. There are advantages and disadvantages to both options and we can discuss same with you. The mediator works with the parties, as in mediation, as a neutral third party. If the parties can agree, the arbitrator can make a consent final binding arbitration award. If the parties cannot agree the arbitrator will assess all the evidence, in a process as agreed on, and deliver a final binding decision.
When you want to try mediation but also want to be certain to get a final decision, even if not by agreement, a mediation with arbitration option may be what works for you. The end result of a med-arb can be some decisions that come by way of agreement with the remainder being put to an arbitrator for their final decision resulting in a comprehensive final binding arbitration award with the matters going by way of consent and the matters decided by the arbitrator included.
If you think mediation followed by an arbitration may work for you, discuss it with your legal counsel or Contact Us. Advantages of Med-Arb The advantages of Mediation-Arbitration are:
The advantages of a mediation but with a final decision at the end
The ability to formulate a process that is specifically tailored to the parties, their budget and agreed upon in advance.
The ability to have a final comprehensive arbitration award that includes the issues as agreed during mediation and any other issues pursuant to the decision of the arbitrator.
Generally, a quicker final decision than the courts.
Ability to pick your decision-maker and to, upon agreement, have the same person act as both mediator and arbitrator.
The ability to work with all parties schedules instead of court-imposed schedules.
FREQUENTLY ASKED QUESTIONS (CLICK FOR ANSWER)
Where would the arbitration take place after the mediation?
The arbitration can take place in our boardrooms, or anywhere else you can agree to. The parameters of arbitration are the parties’ to decide, including things like location, length, issues to be resolved etc.
What do you need from me?
During the mediation you will have provided some documentation throughout the process, for your arbitration, you will decide what documents provided will be used to make the final decision. The mediation and/or arbitrator may have other information they need from you and will ask you for same. At minimum for family law matters, you will be asked to provide financial documentation, listed here.
Is a mediation-arbitration binding?
A mediation is not necessarily binding until an agreement or court order is signed or granted with the agreements therein. An arbitration is binding as you sign an agreement agreeing that the decision will be binding. The arbitrator can also enter a consent arbitration award if the parties, during mediation, come to an agreement. Parties can enter into agreements providing for arbitrations that are non-binding as well, but it's less popular.
What is an arbitration agreement?
An arbitration agreement is an agreement between the parties and an arbitrator as to the issues to be resolved in an arbitration, the process of an arbitration and indicating that the arbitration is “final and binding”. It is through this contract that an arbitration can be engaged. In a mediation-arbitration, you sign a mediation-arbitration agreement providing that first the parties will try mediation and then will go to arbitration. A party needs Independent Legal Advice or a waiver of Independent Legal Advice to enter into an Arbitration Agreement.
