Thursday, June 7

How to make med-arb work - yeah right

"Do you believe in Med-Arb?" I asked a colleague today.

"Hell yes, I've even seen it done" she replied conspiratorially - as if we were talking about modern day witches or UFOs.

How such a bastardized process gets any traction in our wonderful profession is beyond me, but you be the Judge.

1 comment:

Anonymous said...

It should come as no surprise to mediators that parties more often than one would think reveal such shockaroo's as "I AM extorting the other side; I don't really have any factual support for my claims" (REALLY!! my first paid mediation 3 years ago); and, "no, I can't give you a principled reason why they should pay that much; I'm just bluffing." And MORE. Could I ARBITRATE after these disclosures? I don't think so!