Arbitration

Arbitration: In a small percentage of cases, where the parties are unable to resolve their dispute through mediation, the parties may allow an impartial panel to decide the dispute. The arbitrators' decision resolving the matter is legally binding on all parties in the dispute. This process, unlike mediation, gives parties less control and ownership over the result of the decision, but is ideal if parties cannot come to an agreeable resolution.

Arbitration Process: Arbitration is initiated through filing a written request setting out a brief description of the conflilct, the questions and issues that need to be addressed and the remedies sought. A standard form for this purpose is downloadable from the FORMS link. The arbitraton process will commence once all parties agree on the matters to be submitted to binding arbitration before us, or, in the case of a contractural requirement to arbitrate disputes, upon acceptance of us as administrator. The arbitration typically involves: a preliminary conference with the adminsitrator to address evidence issues and exchanges of information before a hearing; one or more hearings, as needed, for the parties to submit their proofs and arguments to the arbitration panel; and, after deliberation, a written arbitration award.

Med/arb is a combination of mediation and arbitration, in which the parties agree in advance that they will mediate but that, if the dispute is not resolved through mediation, they will proceed to binding arbitration. (In some cases, the mediation may resolve some, but not all, of the issues in dispute and thus will narrow the focus of the arbitration.) The parties may determine at the outset of the process whether the same individual(s) who mediated will serve as arbitrator if the dispute is not entirely resolved through mediation, or whether or not another arbitrator or panel of arbitrators is selected; or, they may wait to see if there are any remaining matters to arbitrate before making a decision on who will be the arbitrators. New arbitrators will be appointed unless all parties agree to use the same individuals that served as mediators.