"Med/arb" involves the same person acting first as mediator, then (if any issues remain unresolved) acting as arbitrator in making a decision which is binding on the disputants. This brings certainty of resolution and can be cheaper and quicker than appointing a different person to arbitrate. It works best when the parties make their choice after the mediation phase. If they do choose the mediator as arbitrator they must waive any objection that the mediator received and will not disclose information provided in confidence during the mediation. Alan's mediation agreement recognises that the parties may wish to proceed in this way. To read Alan's paper "Making Med-Arb Work", click here.
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