Mediation- Arbitration

Med-Arb combines the opportunity for a negotiated resolution available in mediation with the guaranteed finality of arbitration.  Americord will custom-design every med-arb process to the dispute and parties. 

A typical med-arb session begins as a mediation (please see accompanying description of “Mediation Services”).  If the parties are unable to reach agreement, then the mediator assumes the functions of an arbitrator and renders a final and binding decision.  Depending on the arrangements, the mediator-arbitrator may be able to render an award based on what transpired during the mediation phase.  In other cases the mediator-arbitrator may require additional sworn testimony, documentary evidence, legal arguments, or briefs. 

There is an important distinction between the “arb” component of Americord’s med-arb process and our standard binding arbitration model.  During confidential caucusing while in the mediation phase of med-arb, the neutral mediator-arbitrator will become privy to thoughts, motivations, and objectives of the parties.  The mediator-arbitrator cannot disregard these insights when formulating the arbitration decision.  Thus, any arbitrated decision will reflect broader contexts and considerations than a standard arbitration award based solely on parties’ proofs and the law.