Mediation-Arbitration (Med-Arb) is the use of mediation and Arbitration skills by skilled practitioners with a view to allowing the parties to find their own solution to their dispute, but in the case of no agreement, the Mediator becomes Arbitrator and renders a decision binding on all parties to the Med-Arb process. There are variations of the Med-Arb model:

1. Med-Arb 

The process begins as a mediation. In the case that the parties are not able to find their own solution to some or all of the disputed points and matters, the mediator will reconvene the process and hear evidence as an Arbitrator. The Arbitrator will then render an Award (the decision) that decides the matter being arbitrated.  

 

2. Arb-Med 

The matter is first arbitrated and a decision (the Award) is written. The Award is not revealed to the parties. Instead, the arbitrator becomes mediator and attempts to assist the parties to mediate their own solution. If they are not successful in crafting their own solution, the Arbitrator's award is revealed and becomes the binding solution on the disputed matter.