Choosing between med-arb and arb-med : an exploratory study




Sones, Trevor Jason

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The use of hybrid processes med-arb and arb-med continues to grow in both commercial and labour relations contexts. With this growth, there remains a lack of research looking at why a particular hybrid process is chosen or what variables influence individuals to choose one process over another. This exploratory study uses both an online survey of full-time workforce members and semi-structured interviews of experienced hybrid process practitioners to identify and evaluate the variables that influence conflicting parties to choose either med-arb or arb-med. The research findings suggest that two variables, importance of the relationship between the parties and the perceived strength of legal case, are the two greatest indicators of hybrid process selection. Strong support for med-arb is found when disputants place a high value on the importance of their relationship. Arb-med is preferred when relationship is of low importance and strength of legal case is perceived to be high.



dispute resolution, British Columbia