MED-ARB: MEDIATION AND ARBITRATION ON THE SAME DAY
If you wish, you can have a dispute mediated first and if the mediation proves unsuccessful, proceed to arbitrate immediately afer the mediation ends. This called ‘Med-Arb’. The important point to undrstand is that mediators and arbitrators must be neutral, independent and unbiased and treat everyone falrly and equally. Mediators are human. So it is possible for a mediator to lean toward one side after listening to both. if that happens, the mediator may no longer be neutral and unbiased. If you’re prepared to take this risk you can move to arbitrate using the same person. It’s up to you. Or you can agree at the outset when you are asked to sign a Med/Arb agreement to select an alternate arbitrator and completely avoid this risk. It’s up to you.