Med-Arb

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Med-Arb is a process for military and conflict resolution and represents a combination of Med iation and arbitration (engl. Arb itration).

First, a mediation is carried out. If any disputed points are still open, these will then be decided through arbitration . The mediator and arbitrator are partly the same person.

The counterpart is the Arb-Med procedure, in which an arbitration procedure is initially initiated, during which the arbitrator or a neutral third party then carries out mediation before the award is made.

The advantages of this hybrid procedural design include possible time and cost savings (mediation is usually cheaper and faster than arbitration) and a possibly higher chance of reaching a settlement. In contrast to pure mediation, the connection with arbitration guarantees a binding end to the dispute, which can make settlement negotiations more effective.

On the other hand, the effectiveness of mediation can be impaired if the parties refrain from releasing information in order to prevent the mediator from using it later in his role as arbitrator against the discloser.

Individual evidence

  1. a b Kreindler / Schäfer / Wolff: Arbitration - Compendium for Practice, 2006, Rn. 61.
  2. ^ Horvath: Arbitration and Mediation - A Happy Couple? Arbitration VZ 2005, 292 (299).
  3. ^ Horvath: Arbitration and Mediation - A Happy Couple? Arbitration VZ 2005, 292 (300).