It is important for the parties to select a med-arbitrator in whom they have confidence and with whom they are comfortable. It is a good idea to do some research before making a selection.
Find out about the med-arb process and the different styles and variations used by med-arbitrators. Contact more than one med-arbitrator and ask them for resumes and references, and other relevant information including:
- Are they are listed with a recognized roster or dispute resolution organization?
- Do they have experience in this particular type of conflict?
- Do they abide by a professional code of conduct?
- Do they carry liability insurance?
- What do they charge, and how is payment made?
A good med-arbitrator will discuss benefits and potential risks of the med-arb process and work with clients to develop something that is appropriate. They should discuss with you and include in the Med-Arb Agreement (or Agreement to Participate) things like:
- When/how to transition between the 2 phases (mediation and arbitration),
- How to deal with the potential of bias,
- What may be admissible as evidence in the arbitration phase,
- When/how the med-arbitrator has separate meetings with each party (aka caucus), etc.
Refer to Guidelines for Med-Arbitrators
for more details.
If you have a lawyer, they may have some suggestions of med-arbitrators they have worked with before.
for more information.