The ADR Institute of Canada has drafted a framework for mediation-arbitration (Med-Arb) processes, and is creating a designation for Med-Arb practitioners, the first in Canada and believed to be the first in the world, says ADRIC’s vice-president, Elton Simoes.
Med-Arb is a hybrid approach to dispute resolution that combines the benefits of both mediation and arbitration. Parties first attempt to collaborate on an agreement through non-binding mediation, with the help of a mediator. If the mediation does not result in a settlement, the mediator assumes the role of arbitrator and, following agreed upon arbitration procedures, issues a binding decision.
“The mystery here is why [Med-Arb] has not been institutionalized before, why we haven’t focused on creating a framework earlier,” says Simoes. “It’s a great application, a cutting-edge process, and Canada has the potential to lead in that field.”