Over the past couple of weeks I have been asked and have conducted as the trainer for several seminars on the use of Med/Arb in resolving commercial disputes. I have noticed growing interest in this because of several reasons. One it provides a mechanism which guarantees a conclusion. Secondly It is economical and efficient. Thirdly, you can chose the decision maker and mediator based upon their topic specific expertise. There are, of course, negatives as well. Therefore, the providers must be chosen with care, and the advocates and their clients must be able to understand the process. But the rising interest on the part of providers and users, show a tend that has accelerated. My experience is that the overwhelming majority of those who choose the Med/Arb process end up settling during the mediation phase and that many of the concerns for ethical or procedural issues that have raised in opposition to the use of Med/Arb never really come to pass.
