Binding Mediation is an alternative dispute resolution format which combines mediation and arbitration. First, the mediator will conduct one or more sessions at which the mediator attempts to obtain a resolution voluntarily between the parties throughthe use of facilitative and or evaluative techniques. If this procedure fails to bring the parties to an agreement, the mediator makes a final decision with regard to the issues the parties were not able to come to an agreement upon. In the final analysis the mediator will act as an arbitrator or private judge. The mediator's decision is then final and binding. While this technique may be effective, the parties must really understand the process. Practitioners should be careful not to talk their client into utilizing this format, since a dissatisfied participant may seek counsel from another attorney and explore the possibility of filing a malpractice case or grievance. While I have participated in this process as both a mediator/arbitrator and as counsel for a party, I make sure my clients know that this is really an arbitration with the arbitrator first involved in trying to settle the case. I also want to make sure that they understand the process and if they have any doubts about the process, recommend a different alternative dispute resolution method.
