Med-Arb
Med-Arb is a combination of mediation and arbitration used to resolve disputes outside of court. It's a two-step process where the same person first acts as a mediator to help parties reach an agreement voluntarily. If mediation doesn't work, they then switch to being an arbitrator who makes a final, binding decision. This approach is like having a conversation to solve a problem first, but if that doesn't work, having someone make the final call. It's becoming more popular because it can save time and money compared to going to court or using mediation and arbitration separately.
Examples in Resumes
Conducted over 50 Med-Arb proceedings for commercial contract disputes
Successfully resolved construction disputes through Med-Arb and Mediation-Arbitration processes
Trained professionals in Med-Arb techniques and best practices
Typical job title: "Med-Arb Practitioners"
Also try searching for:
Where to Find Med-Arb Practitioners
Professional Organizations
Job Boards
Professional Networks
Example Interview Questions
Senior Level Questions
Q: How do you handle the transition from mediator to arbitrator role in complex cases?
Expected Answer: Should explain their process for maintaining neutrality, managing confidential information, and ensuring procedural fairness when switching roles. Should mention specific examples from their experience.
Q: What strategies do you use to maintain impartiality throughout the Med-Arb process?
Expected Answer: Should discuss concrete methods for staying neutral, managing bias, and maintaining separate mediation and arbitration processes while ensuring fairness to all parties.
Mid Level Questions
Q: What are the key differences between Med-Arb and traditional separate mediation and arbitration?
Expected Answer: Should explain the combined process benefits, time and cost savings, and potential challenges of wearing both hats. Should demonstrate understanding of when Med-Arb is most appropriate.
Q: How do you prepare parties for the Med-Arb process?
Expected Answer: Should describe their approach to explaining the process, getting informed consent, and setting expectations for both phases of dispute resolution.
Junior Level Questions
Q: What is Med-Arb and why might parties choose it?
Expected Answer: Should explain the basic concept of combining mediation and arbitration, and list main benefits like efficiency, cost-effectiveness, and finality of resolution.
Q: What are the essential skills needed for Med-Arb practice?
Expected Answer: Should mention communication skills, active listening, neutrality, knowledge of both mediation and arbitration procedures, and ability to switch between roles.
Experience Level Indicators
Junior (0-2 years)
- Basic mediation techniques
- Understanding of arbitration procedures
- Communication and active listening
- Basic conflict resolution skills
Mid (2-5 years)
- Independent case management
- Advanced negotiation techniques
- Writing detailed arbitration decisions
- Managing complex disputes
Senior (5+ years)
- High-stakes dispute resolution
- Training and mentoring others
- Complex commercial case handling
- Program development and leadership
Red Flags to Watch For
- No formal mediation or arbitration training
- Lack of understanding of ethical considerations
- Unable to explain difference between mediation and arbitration
- No experience with legal documentation
- Poor communication skills
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