"When parties are involved in serious conflict and want to avoid a costly court battle, understanding the different types of mediation can help them choose the best resolution path. Each mediation approach, from traditio

CS Professional · Arbitration, Mediation and Conciliation · PYQS · December 2025
"When parties are involved in serious conflict and want to avoid a costly court battle, understanding the different types of mediation can help them choose the best resolution path. Each mediation approach, from traditional negotiation-based formats to more structured hybrids like mediation vs. arbitration, follows unique principles based on the nature of the dispute. Before selecting a mediator, it's essential to understand how various mediation styles work". Explain the Med-Arb and Arb-Med types of mediation.

Answer & Explanation:

Med- Arb This is a process that combines mediation and arbitration. In a med-arb process, the parties attempt to resolve their dispute through mediation first. If they are unable to reach a settlement, the mediator becomes an arbitrator and makes a binding decision on the remaining issues. Sam Kagel first coined this hybrid alternate dispute resolution mechanism by mixing two-methods 'mediation and arbitration' into one 'Med-Arb' for settling the San Francisco Nurses' Strike in the 1970s. Arb-Med This is the opposite of med-arb. In an arb-med process, the parties first go through arbitration, where an arbitrator makes a binding decision on the disputed issues. If the parties are unable to accept the arbitrator's decision, they can then go through mediation to attempt to reach a settlement. This procedure keeps the pressure on parties to come to a resolution while removing the worry expressed in med-arb regarding the misuse of personal information. It should be noted that the arbitrator or mediator cannot modify her previous decision in light of fresh information from the mediation.

Topics: Mediation

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