MED-ARB: An Adaptation to Conventional Arbitration

Med-Arb is a combination of both resolution processes, Mediation and Arbitration. The parties agree in advance that they will first try to resolve the matter by mediation. If the parties are not successful in resolving the dispute through mediation, then a PREMI Arbitrator will make a binding decision through arbitration.

• The first portion of the process, mediation, is informal and the mediator uses a variety of techniques to resolve the matter.
• One technique may be to use private conferences with each party, called a caucus.
• If the matter is not resolved, the mediator may issue an advisory opinion, which assists parties in identifying and clarifying issues.
• The parties are now free to arbitrate the matter, and may wish to set up their own rules for handling rules of evidence and cross-examination of witnesses. The parties have full control over designing an arbitration process that meets their needs.
• If the parties desire, a PREMI Mediator may serve as an arbitrator in the same matter with the express written consent of the parties.