Med-Arb and Arb-Med
Both med-arb and arb-med models of dispute resolution are considered hybrids of mediation and arbitration. Both models allow the parties to select a single neutral to serve as both mediator and arbitrator or to select two separate neutrals to fill those roles. The use of a single neutral reduces costs associated with educating a second neutral about the facts of the case. The chief advantage of med-arb/arb-med is the emphasis placed on utilizing mediation to attempt a consensual, collaborative decision made by the parties but if one cannot be reached, the arbitration phase will produce a resolution ending the dispute.
Cases that are particularly well-suited to med-arb/arb-med include divorce, child support modifications, business partnerships, and software industry disputes.
How does the process work?
A med-arb/arb-med procedure may be tailored to suit the parties’ needs. Common formats include:
- Med-Arb with a single neutral who first mediates then arbitrates as necessary.
- Med-Arb 2 whereby the parties select a single neutral but the parties may select another neutral upon entering the arbitration phase if either party is dissatisfied with the first neutral.
- Co Med-Arb utilizes two neutrals, one serving as mediator and the other as arbitrator. The arbitrator only addresses issues not settled during the mediation phase. The arbitrator may be excluded from private meetings within the mediation.
- Arb-Med a single neutral conducts an arbitration, renders an award, seals it, and thereafter proceeds with the mediation. The award is only revealed upon impasse of the mediation.
- Shadow Mediation is an arbitration with a separate neutral in attendance who mediates possible areas of agreement identified in the arbitration phase.
How does a case get to med-arb or arb-med?
Anyone may self-refer a matter to either process by calling CDSS. It is not necessary for a dispute to have legal issues or be pending in a court of law.
How long will this process take?
The length of each session will depend on the format chosen, the complexity of the matter, and the rules adopted for the arbitration phase. It is not unusual for some matters to be completely resolved in one business day.
Where will the process take place?
Both phases of the conference usually take place in our office. The case manager will work with the parties to determine a mutually acceptable location.
How do I schedule a med-arb or an arb-med?
Contact CDSS. A case manager will work with you and the other party to determine which format is most appropriate for your situation and begin scheduling the conferences.
What information or materials should I bring to med-arb or arb-med?
Documentation needs will be addressed by the case manager prior to the conference.
What are the neutrals qualifications?
CDSS panel members serving as arbitrators are all active or retired judges and attorneys with 20 plus years of experience. Some are also certified by the American Arbitration Association. Contact CDSS to determine which arbitrator’s skills and experience are best suited to your needs.
All CDSS mediators are highly trained and certified in their field of mediation. All mediators who take cases from family court, superior court, or the clerk of court are certified by the NC Dispute Resolution Commission to conduct those mediated conferences. Several mediators possess the experience of having mediated thousands of cases in their careers.
Who are the neutrals?
In most cases, the case manager will match your case to our list of qualified arbitrators and mediators and make suggestions. Both CDSS and the selected neutrals will check for any conflicts of interests before proceeding. If the parties are in agreement, they may select any arbitrator or mediator from our roster of staff and panelists. If the parties are having difficulty selecting neutrals, CDSS will select three appropriate panelists from our roster and each party will have the opportunity to strike one name with the remaining named person serving as the neutral.
How much will the selected process cost?
Fees are based on the format selected. If one neutral is acting as both mediator and arbitrator, the fees will be based on that professional’s rates plus a $125 CDSS administrative fee. If two separate neutrals are selected for the mediation phase and arbitration phase, then the rates will be based on each professional’s rate for that service plus a $125 CDSS administrative fee. Contact CDSS for additional information regarding fees for med-arb and arb-med.
What happens if I need to postpone or cancel the conference?
Postponement and cancellation fees will depend on the format chosen. A CDSS representative will review the formats and postponement or cancellation fees associated with each.
How do I know if med-arb/arb-med is right for me?
Med-arb and arb-med are best utilized when a negotiated settlement is desired but a quick resolution is needed. In situations where parties have on-going relationships, these models may help reduce tension and hostility while preserving their relationship by facilitating communication and settlement.
