Thank you for sharing. It may be worth considering whether Arb-Med could come with the potential for the appearance of bias or some degree of threat to the durability of the arbitral award.
Diane , Roseville CA 05/14/13
Why not solve these problems by doing Arb-Med instead of Med-Arb?
Hold the arbitration first, write the decision and seal it. Then hold the mediation. If the parties settle in mediation, put the Arb decision in the shredder.
This reversal of the order of the proceedings solves the problem of confidential information received in mediation influencing the arbitration.