Hybrid non-binding arbitration/mediation is a type of alternative dispute resolution often used by parties when the Court refers the parties to participate in both non-binding arbitration and mediation.
In this hybrid process, both parties begin by making opening statements that serve the purposes of both arbitration and mediation. During this stage, parties present evidence supporting their positions, and the arbitrator may ask questions to better understand the dispute.
After both sides have presented their cases, the arbitrator reserves their ruling and the process moves into mediation. The parties then work with a mediator—often the same neutral party—to try to reach a voluntary settlement through facilitated negotiation.
Only if the parties fail to resolve the matter during mediation does the arbitrator issue a final, non-binding decision based on the evidence and arguments presented earlier.
Key Benefits:
- Case Evaluation: The arbitration phase provides an impartial assessment of the case’s strengths and weaknesses, helping parties better understand their positions.
- Encourages Settlement: Mediation after arbitration allows parties to discuss solutions openly with the mediator’s guidance, often leading to a settlement.
- Maintains Flexibility: Since arbitration is non-binding, parties are not forced toaccept a decision and retain the option to negotiate or proceed further.
- Cost and Time Savings: This hybrid approach helps attorneys and clients save time and money by combining mediation and arbitration into a single process—avoiding the need to coordinate separate dates and present the same issues twice in separate proceedings