Med-Arb is a hybrid process used for many years, specifically when it is necessary to close an issue. It is basically a contract of submission to arbitration with the benefit of being able to mediate the case first.
In most cases, the parties reach their own agreement in mediation. Arbitration, if it is reached, can be in law or equity, and the characteristics of the process are agreed a priori by the parties since it is a private arbitration and is about available rights. The contract to submit the dispute to arbitration is executable just like any other submission to arbitration, that is, a party cannot decide not to use arbitration if it does not reach agreement in Med-Arb mediation.
In Med-Arb mediation, the parties know that the mediator is an impartial figure who does not impose his or her criteria or use information disclosed by a party without their permission. In order to reap the benefits of this trust that the parties deposit in the mediator, in Butts Associates, if the Med-Arb proceeds to arbitration, the mediator withdraws from the process and a new person expert in the matter, who acts as arbitrator, is incorporated. The mediator does not share mediation information with the arbitrator.