Hybrid (Med-Arb, Arb-Med)
Multiple ADR processes can be combined and tailored to best suit each conflict and the parties.
In this combination, the ADR professional first conducts a mediation. If the mediation is unsuccessful, the mediator becomes an arbitrator and will render a binding or non-binding decision on the matter in dispute (or any items remaining unresolved from the mediation). The various types of arbitration can be utilized with the hybrid model. The advantage of this model is the parties will get a definitive outcome at the end of the process, seeking to find the win-win solution first. The parties will not waste additional time bring a new arbitrator up to speed on the issues of the case. The disadvantage is the parties may not be as open with the ADR professional in mediation since any unresolved issues will be decided upon by the mediator.
Arb-Med is similar to Med-Arb, except the ADR professional first conducts an arbitration. The binding or non-binding arbitration award is sealed in an envelope and not given to the parties. The ADR professional then mediates the dispute between the parties. If the parties resolve all issues in mediation, the arbitration award is destroyed and not used. If the parties cannot find a resolution in mediation, the arbitration award is given to the parties. Arb-med results in a definitive outcome without having ADR professional bias issues, since the arbitration is held first. The parties can then be open with the mediator in mediation. The disadvantage is potential for additional cost if the case resolves in mediation and the arbitration were held first.