Mediation Under the Arch

Med-Arb!  The worst nickname ever … or maybe the best nickname ever because it quickly informs the reader of the basic concept.  Never fear, I have completed numerous med-arbs (one of the few mediators who actually has) and there are good reasons to use med-arb. So, what is this strange creature?  Med-Arb uses the same Alternative Dispute Resolution (ADR) professional to act as both mediator, and if mediation is unsuccessful, to serve as an arbitrator.  Clients love this concept, especially its efficiency.  Time is money and med-arb takes advantage of saved time in educating only one ADR professional about the dispute.  I remember in a mediation, watching the client’s surprise when he learned that his option, if mediation failed, was to start all over again with a new person acting as an arbitrator.  He commented on this terrible waste of time and wanted to hire me on the spot to arbitrate the case.  (The ...