mediatorarbitrator

A mediator-arbitrator, commonly known as med-arb, is a dispute resolution practitioner who performs both mediation and arbitration roles in a single process. Typically, the professional first acts as a mediator to help the parties negotiate a settlement. If agreement is not reached, the same person then becomes the arbitrator and issues a binding decision on the dispute, either immediately after mediation or after a defined transition period, depending on the contract or agreement.

In practice, a med-arb process often begins with joint sessions and caucuses to explore interests and possible settlements. If consensus cannot be reached, the mediator may convert into an arbitrator and conduct a hearing, consider evidence and arguments, and render a final award. Some arrangements designate a formal transition, while others maintain an ongoing role for the mediator-turned-arbitrator throughout a single session.

Advantages of med-arb include potential efficiency and cost savings, as well as a single neutral party who understands the dispute and can craft a consistent outcome. The approach can offer finality and predictability, which may be desirable in ongoing business relationships.

Limitations and criticisms focus on potential coercion to settle, given the same individual has an ultimate decision-making role. There are also concerns about confidentiality and perceived or actual conflicts of interest, since information gathered during mediation could influence arbitration. Not all jurisdictions or contracts permit med-arb, and some parties prefer separate mediators and arbitrators to preserve perceived neutrality. Med-arb is most commonly used in commercial, construction, and procurement disputes where speed and finality are prioritized.