At a recent program on arbitration, The Honourable Thomas Cromwell asked: “Are we taking full advantage of the flexibility of the arbitration process?”1 To fully answer this question, med-arb must be considered. Colm Brannigan suggests that we call it “medarbitration” as a unique innovative stand-alone process and not just a cobbled-together mash of mediation and arbitration.
Many ADR practitioners view themselves as mediators or arbitrators in any given process. This binary thinking may soon change. Mediation and arbitration may no longer be considered opposing and contradictory processes. The ADR Institute of Canada will release its med-arbitration rules in November 2019 at its National Conference, in British Columbia, along with a new, related designation.