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ARTICLE · 06 DECEMBER 2016

Effective Use Of Mediation-Arbitration

Torkin Manes LLP
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Over the past 15 years, mediation- arbitration (or "med-arb") has grown into a popular method of resolving family law disputes.

CanadaFamily and Matrimonial
Lorne Wolfson
Lorne Wolfson
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Over the past 15 years, mediation- arbitration (or "med-arb") has grown into a popular method of resolving family law disputes. As its name suggests, med-arb combines the most effective features of both mediation and arbitration. Why has med-arb become so popular? When does it work and when it does not? What are the ethical and practical issues that must be considered?

What is Med-Arb?

Med-arb is a hybrid process in which the parties select a neutral to mediate the case. If the mediation is successful, then the case is over; however, if the mediation is unsuccessful, the parties then proceed with an arbitration. In most cases the arbitrator will be the same person who conducted the mediation, although the parties can agree on a new person to arbitrate.

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