MEDIATION/ARBITRATION SERVICES
At MDR Associates, we have seen Mediation/Arbitration, or "med/arb" become an increasing popular dispute resolution process.
Med/Arb is a process whereby the parties first use mediation to attempt to reach a consensual resolution of their dispute. In this mediation stage, MDR acts as a mediator with no decision making power and who helps the parties come up with their own agreement. This agreement can then be converted to a binding contract or court order.
If all matters are not resolved in mediation, the mediator then "switches hats" and becomes an arbitrator. As arbitrator, he/she will make a binding decision on any issues that the parties have been unable to resolve in the mediation.
There are many reasons why more and more people are choosing the Med/Arb approach. Some reasons include:
- If the mediation is not successful, people know that there will be a binding decision made at the end of the day.
- The mediation part of the proceeding can resolve some issues thereby reducing the risk inherent in a traditional arbitration or litigation process.
- Control over the process helps the parties preserve relationships and increases the likelihood of satisfaction and compliance with results.
Our experience has shown us that many disputes that are dealt with in Med/Arb are settled in the mediation phase and do not require an arbitration. It has also shown us that overall costs are generally reduced in that the arbitration, if required, will be faster and more efficient because of the mediation that has preceded it.
Richard Moore is experienced in the med/arb process holds all of the following designations:
- Chartered Arbitrator (C. Arb.), ADR Institute of Canada Inc.
- Chartered Mediator (C. Med.), ADR Institute of Canada Inc.
- Accredited Family Mediator (Acc.FM), Ontario Association of Family Mediation