Articles

What is ‘Med-Arb’?

3rd June 2015

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.

To learn more about our property dispute resolution services click here.

Expertise: International Dispute Resolution

Disclaimer

This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/ or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.

 

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