What is ‘Med-Arb’?
Whilst there are many benefits to mediation it can, sometimes, be beneficial to agree a more structured process. Deadlines can help to focus minds and ensure matters do not take longer than needed.
If the parties are determined to reach a deal on the day they can agree to participate in med-arb.
In this process the parties mediate for a pre-arranged period - say half a day or a little longer - and if at the end of that time they have not reached a settlement the mediator assumes the role of an arbitrator and imposes a decision.
The advantages of such a procedure are obvious and it is growing in popularity. The procedure will be adopted only if the parties have previously agreed that it should be.
The decision will be appealable only in the limited circumstances permitted by the Arbitration Act and is therefore likely to be final. Written reasons will be provided after the mediation meeting if either party asks for them.
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