This paper is published in Volume 2, Issue 3, 2017
Legal Article
Dr Priyadarshi Nagda
College of Law, Mohan Lal Sukhadia University, Udaipur, Rajasthan, India
Pub. Date
17 March, 2017
Paper ID
Med-arb, Process, Rules & Procedure, Finality.


Dr Priyadarshi Nagda. Adeptness of Med-Arb in Dispute Resolution, International Journal of Advance Research, Ideas and Innovations in Technology,

Dr Priyadarshi Nagda (2017). Adeptness of Med-Arb in Dispute Resolution. International Journal of Advance Research, Ideas and Innovations in Technology, 2(3)

Dr Priyadarshi Nagda. "Adeptness of Med-Arb in Dispute Resolution." International Journal of Advance Research, Ideas and Innovations in Technology 2.3 (2017).


Over the time, the nature of dispute settlement has fluxed significantly. And one of the mechanism which has attended the highest priority in this changing process is “Med-Arb”. Med-arb is the combination is a hybrid resolution process bringing together the elements of both Mediation and arbitration. This research article will attempt to light all the positive dynamics of Mediation and arbitration as it is very pertinent to understand the benefits of mechanism which has attained so much of popularity. In this process, parties initially try to collaborate on the dispute with the assistance of Mediator. And following this,i still, no resolution is made then parties move to the course of arbitration. But if dispute is rectified at the initial step itself i.e., mediation, then there is no for the arbitration. The person who conducts the process of Med-Arb is known Med-arbiter. The mediator can assume the role of arbitrator (if qualified) and render a binding decision quickly, or an arbitrator can take over the case after consulting with the mediator. Med-arbiter handles the whole case and if parties had reached an agreement on some issues, the med-arbiter would rule only on the issues that remained. Alternatively, arbitrator could take over all or part of the dispute from a mediator. The med-arb process begins with the standard procedures of a basic mediation without pleadings, discovery, subpoenas and the other formalities that are common to binding arbitration. The mediator has the freedom that mediation allows them in being able to talk to the parties both collectively or privately as he/she deems to be appropriate. Where the parties choose Med-Arb as their dispute resolution mechanism, they prescribe a fixed time frame during which they will retain control over how the dispute will be resolved and work towards a voluntary settlement with the other party, after which they agree to relinquish control over the outcome and opt for a final determination of the dispute by a neutral person. Med-Arb therefore strikes a balance between party autonomy and finality in dispute resolution. The mechanism is proved to be most effective in case when there is time pressure. And also it is purely on the voluntarily basis. Med-Arb could be conducted in institutional approach, like, by following the procedure formulated by institutions like SMC-SIAC Med-arb procedure, CDRS Med-arb rules and procedure etc. Other than this, parties to dispute could also devise their own rules and procedure for conducting this
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