Dispute Resolution Secretariat (Tribunal)
Med/Arb is a dispute resolution process that combines mediation and arbitration. Initially, the parties try to reach a settlement through mediation. If there are issues that are not resolved through mediation, an arbitrator (the same person who acted as mediator) makes a decision for the parties.
Med/Arb combines the advantages of both mediation and arbitration:
- Because parties are able to discuss in presence of a professional mediator, the process is likely to preserve relationships or even repair those that may have been damaged by the rise of the dispute;
- During the mediation phase, parties have control over the outcome and may find a win-win solution;
- A resolution is certain, because if mediation fails, a decision will be rendered by a third party;
- The transition from mediation and arbitration is seamless;
- It is less costly and quicker than a court battle.
In the Download section, you will find a template of a contractual med/arb clause for insertion into contracts, agreements or policies, as well as two versions of a med/arb agreement template. A med/arb agreement is necessary in the following cases:
- When the contract subject to the dispute does not provide for med/arb clause (standard agreement);
- When the parties wish to settle their dispute by way of med/arb and no med/arb clause providing for such a proceeding exists (standard agreement);
- When the parties wish to bypass the internal appeal process of a sport organization (agreement with waiver).