Understanding Med-Arb

Med-Arb is a two-stage process where parties first try to resolve their dispute through mediation. Any issues that remain unresolved after mediation automatically proceed to arbitration, where a binding decision is made. We conduct both stages through straightforward video conferencing, making the entire process accessible regardless of location.

Advantages of Med-Arb

• Guaranteed resolution - Certainty that your dispute will reach conclusion.
• Process efficiency - One engagement addressing all aspects of your dispute.
• Settlement motivation - Enhanced incentive to reach agreement during mediation.
• Cost effectiveness - Streamlined approach reducing overall expenses.
• Relationship preservation - Opportunity for collaborative resolution before arbitration.
• Flexible framework - Process customized based on your dispute's unique characteristics.
• Information continuity - Smooth transfer of case knowledge between stages.
• Clear timeline - Defined process from beginning to end.

Med-Arb Options We Offer

1. Standard Med-Arb
The same neutral serves as both mediator and arbitrator, progressing from facilitative to determinative roles.
2. Separate Med-Arb
Different neutrals handle the mediation and arbitration phases, ensuring complete decisional independence.

Our Med-Arb Process

• Process Consultation: Discussion to determine the appropriate Med-Arb arrangement.
• Agreement Signing: Execution of a comprehensive Med-Arb agreement.
• Neutral Selection: Appointment of qualified neutral(s) based on your chosen approach.
• Mediation Phase: Facilitated negotiation through video conferencing.
• Transition Documentation: Clear record of resolved and outstanding issues.
• Arbitration Phase: Evidence presentation and argument on unresolved matters.
• Decision Issuance: Final determination on remaining disputed points.
• Implementation Guidance: Basic assistance with executing the complete resolution.

How We Conduct Virtual Med-Arb

• Proper transition between process stages.
• Appropriate information handling between phases.
• Clear documentation of what was resolved and what remains disputed.
• Scheduling flexibility for all participants.
• Technical simplicity with straightforward connection instructions.

Disputes Well-Suited for Med-Arb

• Business Relationships: Ongoing partnerships requiring both relationship management and definitive resolution.
• Construction Projects: Technical disputes that benefit from problem-solving with backup determination.
• Employment Matters: Workplace conflicts where preserving relationships is desired but finality is required.
• International Trade: Cross-border disputes needing cultural sensitivity with enforceability.
• Intellectual Property: Complex IP matters with both technical and relationship aspects.
• Real Estate Development: Multi-party project disputes requiring comprehensive resolution.

Our Med-Arb Neutrals

• Qualifications in both mediation and arbitration.
• Ability to transition between facilitative and evaluative roles.
• Understanding of procedural boundaries and ethics.
• Subject matter expertise relevant to specific disputes.

Legal Safeguards in Med-Arb

• Clear consent procedures for process transition.
• Explicit confidentiality protocols for information handling.
• Documented waivers of potential procedural objections.
• Compliance with applicable arbitration and mediation laws.
• Enforceability protections for final determinations.

Starting Your Med-Arb Process

1. 1. Contact us through our form or email to discuss your dispute.
2. 2. Receive process recommendations based on your specific situation.
3. 3. Review and sign the Med-Arb agreement.
4. 4. Work with our team to select appropriate neutral(s).
5. 5. Schedule your initial mediation session.