mediation-arbitration

Med-Arb is a hybrid process sometimes selected by the parties, in which resolution is first attempted through mediation, and if unsuccessful, then resolved through arbitration.  It may be possible for the same neutral to serve in both phases of the med-arb proceeding; however, agreement must be reached between the parties and the neutral to do so.  In many cases, the neutral serving as a mediator will not agree to later serve as an arbitrator due to the confidential disclosures made during the mediation process.