Med-Arb: Crossing the Line

AuthorLeslie Dizgun
chapter fourteen
Med-Arb: Crossing the Line
lEsliE dizGun
This chapter reviews the advantages and disadvantages of Med-Arb
and generally takes the position that Med-Arb is a useful and cost-
eective dispute resolution mechanism in light of the alternatives.
Med-Arb can be dened simply as an alternative dispute resolu-
tion process that allows the same selected person to both medi-
ate and, if the mediation fails, arbitrate the dispute. This can also
be referred to as using the same neutral for the entire process, as
opposed to choosing a mediator to mediate the dispute and a dif-
ferent person to arbitrate the dispute. The advantages and dis-
advantages of Med-Arb are inherent in the engagement of the
same person to perform both functions.
The initial hurdle to employing the same person to mediate and
arbitrate is an express prohibition set out in section 35 of the

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT