Mediation - Arbitration
Mediation/Arbitration or Arbitration/Mediation should be differentiated from other ADR processes. It is a hybrid process that involves two distinct processes.
As the labels suggest, it may be appropriate to try mediation first, and if unsuccessful, move to decision making by the arbitrator. The other way starts with decision making and then moving toward mediating the decision.
You don’t use this form of ADR through a court order. The parties must choose this. The role of the provider is to first determine if this is the right process for the parties. Is there a power imbalance? Is there domestic violence? Are there mental health or substance abuse issues?All of these questions may preclude this process.