MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two)
This post has been viewed 2,177 times.
Concerns with Med-Arb
The two most important concerns with med-arb are the inherent potential for “coercion” and the risk that confidential information gained during mediation may taint the med-arbiter’s final decision. These are concerns that parties need to fully understand when considering med-arb as a process choice for resolving a specific dispute. The best safeguard available to prevent these concerns from materializing is to allow each party the right after the mediation phase to “opt out” of having the same neutral continue into the arbitration phase (Blankenship 37; Peter 98-99, 116). The potential loss in efficiency (i.e., the extra time and money required in shifting to a stand-alone arbitration) is justified by the important protection it provides to each party, and the incentive it provides for the med-arbiter to maintain impartiality (Id.).
Read original articleTags:
