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“Med‐Arb”: Behind the Closed Doors of a Hybrid Process
Author(s) -
Barsky Allan
Publication year - 2013
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12057
Subject(s) - arbitration , mediation , neutrality , process (computing) , context (archaeology) , conflict resolution , order (exchange) , fidelity , dispute resolution , doors , business , psychology , public relations , political science , computer science , law , paleontology , telecommunications , finance , biology , operating system
Med‐arb is a hybrid conflict resolution process that attempts to blend the collaborative, client‐empowering approach of mediation with the efficiency and finality of decision making from arbitration. This article explores the benefits and risks of med‐arb in the context of separation‐divorce cases. The conclusions offer suggestions for maximizing the benefits and managing the risks. Keypoints for the Family Court Community Many conflict resolution practitioners are blending the roles and skills of different conflict resolution processes in order to better serve the needs of different clients. Although blending roles and skills may provide certain advantages, practitioners and program developers need to be cognizant of unintended consequences. This article highlights the risks of blending mediation and arbitration in relation to client self‐determination, informed consent, fairness, neutrality, power, and other issues.