What is “med-arb,” or hybrid mediation-arbitration?

Med-arb is a hybrid process in which mediation and arbitration are conducted sequentially. The neutral first acts as a mediator, helping the parties try to negotiate their own resolution. If some or all issues remain unresolved, the process shifts and the same neutral then, after requiring certain aspects of mediation confidentiality to be waived, acts as the arbitrator and renders a decision on the issues that did not settle. The appeal of med-arb is efficiency. The parties receive the collaborative, self-determined benefits of mediation before incurring the uncertainty of non-binding arbitration and potentially a full trial. It is typically used where the parties have been ordered to non-binding arbitration but want to see whether they can settle their dispute first.