Mediation-arbitration (med-arb)—an introduction [Archived]


Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall
Practice notes

Mediation-arbitration (med-arb)—an introduction [Archived]


Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall

Practice notes
imgtext

ARCHIVED: This archived Practice Note considers the Use of Mediation-Arbitration (med-arb) to resolve commercial disputes. It is not maintained and is for background information only. For information on alternative dispute resolution (ADR) in general, see: ADR and dispute resolution clauses—overview. For information on mediation, see: Mediation—overview.

Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors.

What is med-arb?

Med-arb is a hybrid, two-stage ADR process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator’s award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous.

There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator present

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mediation definition
What does Mediation mean?

A form of alternative dispute resolution in which a mediator follows a structured process to facilitate an agreed settlement between parties to a dispute.

Read more readmore

Popular documents

What is ADR?

What is ADR?Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the normal trial process’. (Note, although the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration (and sometimes also dealing with jurisdiction and

Lawyer’s role in the mediation

Lawyer’s role in the mediationThis Practice Note considers:•the basis of your obligations with regard to alternative dispute resolution (ADR) generally•your obligations with regard to advising your client•the specific role you will play in preparing for and attending a mediation, including the

Mediation-arbitration (med-arb)—an introduction

Mediation-arbitration (med-arb)—an introductionThis Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border