Arb Med is a combination of arbitration and mediation. The order is important. First, you’d instruct an arbitrator who would direct that you attend mediation.
You attend mediation or hybrid mediation.
You can revert to the arbitrator if you can’t make a decision on the progress of the case (e.g. which expert to go to when valuing a business).
Usually, you will be successful in mediation. However, if you can’t resolve everything and need help on making a decision on one or two things then you go back to the arbitrator who will make the decision (or as they call it an award) for you.
You then obtain the legal documents you require e.g. a consent order.
Yes: if you want to sort out child and financial settlements. For married, civil partners and for those cohabiting.
Yes: if you want some certainty of outcome. Sometimes if mediation doesn’t work out you have to start again with solicitors starting to write to each other again. Or maybe having to start in arbitration, or even court.
Yes: if there is just one issue you want to mediate about e.g. what happens to a pet and you want to get a result.
It is already an amalgamation of two non-court processes. However, it would work really well with child inclusive mediation, to give children a voice here.
How do I find a mediator and an arbitrator who work this way?
for a list of mediators:
for arbitrators go to the IFLA website – ‘find an arbitrator’: