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Med/arb is a combination of mediation and arbitration, in which the parties agree in advance that they will mediate their case, but if the dispute is not resolved through mediation, they will proceed with a binding arbitration.

The parties will agree in advance whether their mediator will serve also as their arbitrator if the dispute is not resolved through mediation.  Although the use of the same neutral is more efficient, parties often want a different impartial neutral to serve as arbitrator, instead preferring that the arbitrator be a person who was not privy to offers or demands made or other confidential discussions taking place at the mediation.

The med/arb process most often produces settlement, as disputants respond to the looming pressure of either reaching resolution with their mediator’s assistance, or allowing an arbitrator to render a binding decision.