Med-Arb Services
A combined process for settlement and certainty
Med-Arb combines mediation and arbitration within a pre-agreed structure. The process begins with mediation. If the parties resolve the dispute, the arbitration stage is not needed. If some or all issues remain unresolved, the process moves to arbitration, where a binding decision can be made.
This approach can be useful where the parties want to preserve the opportunity for negotiated settlement but also want certainty that the dispute will not remain unresolved.
How Med-Arb works
The parties agree on the structure before the process begins. This should include the scope of the mediation, the issues that may move to arbitration, the decision-maker, confidentiality arrangements, timetable, evidence, costs and whether the same neutral will act as both mediator and arbitrator.
The mediation stage is conducted in the usual way, with private discussions, controlled communication and an opportunity to reach an agreement. If a settlement is not achieved, the arbitration stage follows according to the agreed procedure.
When Med-Arb may be appropriate
Med-Arb may be considered where:
- The parties want to avoid a prolonged dispute
- Settlement is possible but not certain
- A binding outcome is needed if negotiation fails
- The parties want to avoid sequential ADR and litigation processes
- Cost and timing need to be controlled
- A defined issue is capable of determination if not agreed upon
It may be suitable for disputes where the parties are willing to negotiate but also want an endpoint.
Benefits For Legal Teams & Clients
The main benefit of Med-Arb is certainty. A stand-alone mediation may end without a settlement. Med-Arb gives the parties a negotiated opportunity first, with a binding fallback if needed.
This can reduce duplicated processes, limit delay and encourage serious engagement during mediation. Parties know that if an agreement is not reached, the dispute will still move towards a conclusion.
Control & Agreement Are Central
Med-Arb requires careful agreement. The parties should understand the implications before committing to the process. The arbitration stage is binding, so the client’s authority and the legal team’s advice are important.
The parties also need to consider whether the same person should act as mediator and arbitrator. What a single ADR Neutral learns as a mediator cannot be un-learned when he/she becomes an arbitrator. Some parties are comfortable with this, where the rules are clear. Others may prefer separate neutrals. The structure should be chosen deliberately, not assumed.
What Happens If Mediation Resolves The Case?
If the mediation resolves the dispute, the settlement is documented by the legal representatives, and the arbitration stage does not proceed. The arbitration stage is only used where the agreed-upon issues remain unresolved after mediation.
What Happens If Only Some Issues Settle?
The parties may agree that any unresolved issues move to arbitration. This can be useful where mediation narrows the dispute but does not fully resolve it. The arbitration stage can then be limited to the remaining issue or issues, which may reduce time and cost.
Using Med-Arb Proportionately
Med-Arb will not be right for every dispute. It is most appropriate where both parties want a defined endpoint and are willing to accept a binding decision if negotiation does not produce agreement. For claims where flexibility is more important than finality, stand-alone mediation may be more suitable.
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FAQs
Mediation alone relies on agreement. Med-Arb adds an arbitration stage if a settlement is not reached.
Med-Arb may be more appropriate where the parties want to attempt settlement first, but also need certainty that any unresolved issue will be determined without starting a separate process. Stand-alone mediation may be more suitable where flexibility is more important than finality.
Yes. The structure, scope and binding nature of the arbitration stage should be agreed upon before the process starts.
This can be agreed, but it should be considered carefully. Some parties may prefer separate neutrals.
The transition point should be defined in the Med-Arb agreement before the process begins.
Make An Enquiry
Share a few details about the claim, the parties and the stage of the case. We will come back with a suggested ADR route and the next practical step.
Initial Conversation
Tell us about the claim, the parties and the stage you are at.
Mediator Selection
You select a suitable independent specialist mediator.
Preparation
Pre-mediation discussions help clarify issues and prepare the day properly.
Mediation Day
A structured process focused on helping parties reach resolution, often within a single day.