Mediation-Arbitration in Canada


This practice note explores Mediation-Arbitration in Canada. Mediation-Arbitration (or "Med-Arb") is a voluntary alternative dispute resolution process that starts with mediation and shifts to arbitration if no settlement is reached. More specifically, this hybrid approach involves two phases. The first is for the parties to meet with a mediator who assists negotiations with the goal of reaching an agreement. Then, if the parties cannot reach a resolution, the second phase is to move to arbitration where the arbitrator makes a decision. In this process, the same individual is generally both the mediator and then arbitrator. The advantages and potential disadvantages of this multifaceted role are elaborated upon below.