Mediation Between Arbitration Forums
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FAQ
The most common combination of mediation and arbitration is med-arb, in which the parties attempt to resolve their dispute using mediation and proceed to arbitration only if they are not successful in reaching a settlement. Commentators praise this combination as offering the parties flexibility and efficiency.
Unless the decision is eligible for Appeal under Rule 2-12 in the Property or Special forums, only a clerical or jurisdictional error can be reviewed. Any other issue, such as interpretation of law or evidence, is within the discretion of the arbitrator and may NOT be reviewed, amended or voided.
Some contracts state that the parties must ?mediate? a dispute before ?litigation? or ?arbitration.? Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator. The mediator is not a decision-maker. Rather, the mediator assists the parties through facilitating a negotiation.
In a mediation process, a neutral, trained mediator works to help disputants come to a consensus on their own. In arbitration, a neutral, trained arbitrator serves as a judge who is responsible for resolving the dispute.
Arbitration Forums, Inc. is a not-for-profit organization that handles disputes amongst its nearly five thousand members. These members agree to have specially appointed arbitrators hear their cases in lieu of taking the dispute to a court of law.