MED-ARB

Posted by Site Staff on Monday April 14, 2008

To begin to wind up the newsletter’s discussion of mediation the med-arb modality is discussed.

Med-arb is a style wherein the parties agree to mediate their dispute first and then if that fails to move into arbitration. Issues of concern are:

  1. Finding a mediator who will agree to this.
  2. Finding a mediator who is competent in both styles.
  3. Deciding upon the fact that the mediator will be aware of all positions reasoning, ideas and thoughts of each party should that mediator handle the arbitration. It is likely the mediator will gain privy to confidential matters.
  4. It is important parties make an informed decision about this knowing all the ramifications.
  5. This is a great style to obtain finality. It would behoove parties to agree to binding arbitration assuring comple, of the dispute
  6. All other matters remain the same such as sharing of costs by the parties, the core elements of mediation and stages.
  7. Whether or not the mediator utilized in the mediation phase can use any or all of the information gained for the arbitration is an important issue to discuss with that person.
  8. Should the parties be hesitant about #7 then med-arb may not be for them.

This is a serious decision so parties must take particular care here. Speed of resolution is important; med-arb is a way to move quickly in obtaining finality.

JIMMY CARTER STEPS IN

Former President Jimmy Carter will intervene in a world crisis.
The former President will meet with Hamas, The United States deems this group a terrorists organization. Secretary of State Dr. Condoleezza Rice objects to President Carter’s sojourn to the mid-
East. It is the intention of the former President to also meet with any and all concerned parties regarding peace in the region. On the agenda are Egypt, Jordan, Saudi Arabia and the Syrians. The goal is not to mediate or negotiate, but to include all interested parties in discussions. George Mitchell in Ireland did the same thing. He used inclusion as a tactic to be sure all parties were at the table. President Carter’s mission is to here out all to ascertain interest, needs, goals, desires and points of view. When asked about the fact that Hamas is a terrorist group, the former
President states, ”Well, you can’t always get pre-requisites adopted by other people before you even talk to them ”Calvin Woodward, Associated Press writer, 04/14/08. President Carter with his experience in the Camp David Accords is looking to try to
get everyone on the same page the goal being peace in the mid-east. This newsletter’s position is to wish the Former President “God’s Speed” with our hopes that he succeeds. His efforts continue to show the great value in Alternative Dispute Resolution.

THANK YOU FOR READING THIS SUPPLEMENT.CONTINUE TO OPEN OUR WEBSITE FOR MORE VALUABLE INSIGHT. THE NEXT POSTING WILL BE ANOTHER SUPPLEMENT IN APRIL, 2008 AND THEN THE
NEXT ISSUE ON MAY 3rd, 2008.


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