Arb-Med (Arbitration followed by Mediation)

What does Arb-Med entail?

Before mediation begins, the arbitrator or arbitration panel (an arbitration panel consists of multiple arbitrators, each with different subject matter expertise, to ensure a comprehensive judgment on all aspects of the underlying issue) issues a verdict. This verdict is formulated based on the principles of hearing both sides. During the mediation, this verdict is placed on the table in a sealed envelope.
The goal of mediation is for the conflicting parties to themselves seek a solution to the presented issue or conflict. During the mediation, the conflicting parties are entirely free to, if it arises, also raise other topics.

If the conflicting parties are unable to resolve the conflict themselves during the mediation, the envelope containing the arbitral verdict is opened. This verdict applies to the remaining unresolved issues or to all aspects of the conflict. The entire conflict is resolved through Arb-Med in any case. The conflicting parties can make confidentiality agreements among themselves.

Reasons to choose Arb-Med

When conflicting parties want to seek a solution for the situation themselves but also want the assurance of a solution, Arb-Med is a good choice.

The benefits of Arb-Med are:

• The assurance of a solution for the entire problem or conflict.
• Mediation takes place while a solution is already available: this puts additional pressure on the conflicting parties to successfully conclude the mediation.
• Confidentiality can be agreed upon, whereas a judicial procedure always has a public character.

Do you have a conflict and are you considering Arb-Med? Or would you like to discuss the possibilities of this method of resolution? Feel free to contact us without obligation.