As discussed in the Guide, there are a number of different mediation-arbitration hybrids. Regardless of the form used, the concept is to stage the mediation and arbitration in close proximity to incentivize a voluntary resolution. In certain forms of the hybrid, the mediator and arbitrator can be the same neutral that can be an attractive cost savings to the parties, i.e., if the mediation is unsuccessful, the parties need not educate a new neutral (the arbitrator) on the issues in dispute.
The parties voluntarily agree to the process and cannot be ordered by the court.
Indications for consideration:
Typically used after significant discovery and motion practice has been completed, however the parties can voluntarily agree to pursue this process at any stage of the litigation.