Med-Arb: Crossing the Line

• Author: Leslie Dizgun
• Pages: 379-388

379

chapter fourteen

Med-Arb: Crossing the Line

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A. OVERVIEW

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.

B. MED-ARB DEFINED

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.

C. THE ARBITRATION ACT

The initial hurdle to employing the same person to mediate and

arbitrate is an express prohibition set out in section 35 of the