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Last edited 26 Nov 2020
Med-arbitration (med-arb) is a form of alternative dispute resolution that combines mediation and arbitration. The parties agree to a mediation initially but, if that fails, in whole or in part, to achieve a settlement, the mediator takes on the role of arbitrator, with powers to make a legally binding award in relation to the remaining issues, but based solely on the evidence presented in the arbitration proceedings.
Med-arbitration offers a continuous rather than stop / start process for dispute resolution, in which the parties may be more inclined to put effort into the initial mediation in order to reach a consensual settlement given the knowledge that a binding arbitration may follow.
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