Mediation-arbitration (med-arb)—an introduction


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

Mediation-arbitration (med-arb)—an introduction


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

Practice notes
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This 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 disputes in the construction, energy and infrastructure sectors.

What is med-arb?

Med-arb is a hybrid, two-stage alternative dispute resolution (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 for an opening session. The mediator then conducts a mediation and the arbitrator is only involved again if the mediation fails to reach a settlement. In this variant, the mediation and arbitration

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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.

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