Med-Arb is a dispute resolution process that begins with mediation. The parties first try to reach their own agreement with the help of a neutral practitioner. If some issues remain unresolved, the process moves to arbitration, where the practitioner hears evidence and makes a decision. The Government of Alberta describes its Med-Arb roster process as using the same third party in both stages and a binding decision at the arbitration stage. The details of any private Med-Arb arrangement depend on the parties’ agreement and the rules they choose.
How does Med-Arb work?
The parties agree in advance on the process and select a practitioner with the skills to conduct both stages. During mediation, that person helps them discuss the dispute and explore a negotiated outcome. If the parties settle everything, arbitration may not be needed. If they settle only some issues, their agreement should make clear what remains for the arbitrator to decide.
The transition matters. Mediation can involve candid discussions and private conversations with the practitioner. Before agreeing to have that same person become the arbitrator, the parties should understand how information shared during mediation will be handled, what evidence may be considered, and whether the practitioner may hold separate meetings with either side. The ADR Institute of Canada (ADRIC) describes Med-Arb as a distinct process that can be tailored to the parties and calls for a high level of practitioner competence.
When might parties consider Med-Arb?
Med-Arb may appeal to parties who want an opportunity to negotiate a resolution while agreeing on a way to decide remaining issues. It may be considered in business, workplace, property, organizational, or other disputes where the parties can appropriately agree to this process. Suitability depends on the dispute, the relationship between the parties, any power imbalance, the applicable law, and the proposed process. A practitioner and independent legal adviser can help assess whether Med-Arb is appropriate.
Questions to ask before agreeing
- Who will conduct each stage? Will the same person serve as mediator and arbitrator, and what happens if either party objects to the transition?
- What moves to arbitration? How will any partial settlement be recorded, and which unresolved issues may be decided?
- How will information be handled? What are the confidentiality terms, and how will private mediation discussions be treated in the arbitration stage?
- What decision can be made? What authority will the arbitrator have, and will the decision be binding under the agreed process?
- What will it cost? Ask about hourly rates, preparation time, hearing costs, deposits, cancellation terms, and how fees will be shared.
- What experience is relevant? Ask about the practitioner’s Med-Arb training, credentials, subject-matter experience, availability, and approach to procedural fairness.
Get the process terms in writing and consider independent legal advice before signing. A directory profile is a starting point for comparison, not a substitute for checking credentials and fit directly with the practitioner.
Find a Med-Arb practitioner in Alberta
Browse Med-Arb practitioners in the Alberta ADR Directory. You can review profiles, compare practice areas and credentials, and contact practitioners directly about your dispute and their process. If you are still deciding which approach fits, explore the Mediator and Arbitrator categories as well.
Further reading: ADRIC Med-Arb Rules and the Government of Alberta’s mediator and arbitrator roster overview.
This article provides general information about dispute resolution. It does not provide legal advice or recommend a particular process for any specific dispute.