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June 30, 2019

Texas Court Says Express Consent is Key if You Want Your Mediator to Arbitrate Disputes That Arise When Memorializing a Settlement

Josh Fruchter
Written By: Josh Fruchter on June 30, 2019
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We previously blogged about the process known as “med-arb” under which the parties to a failed mediation agree to retain the mediator to arbitrate their dispute. We also highlighted a particular application of med-arb under which the parties to a mediated settlement empower the mediator to arbitrate any disputes that..
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Categories:
Decisions, Mediation Techniques, Small Business Mediation
Tags:
med-arb, res judicata
June 3, 2019

The Merits of Med-Arb: If Mediation Fails to Resolve a Dispute, Should Parties Let the Mediator Arbitrate?

Josh Fruchter
Written By: Josh Fruchter on June 3, 2019
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A Massachusetts federal court recently addressed the circumstances under which an individual who served as a mediator in an unsuccessful mediation can subsequently decide the dispute as an arbitrator — a process known as “med-arb.” Spruce Envtl. Techs., Inc. v. Festa Radon Techs., Co., 370 F. Supp. 3d 275 (D...
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Categories:
Decisions, Mediation Ethics, Mediation Techniques
Tags:
med-arb