Med-arb in a nutshell

Meb-arb is an alternative dispute resolution which consists, at first, to try to settle the dispute through mediation. If mediation partly or entirely fails, the dispute shall then be submitted to arbitration. 

At first, parties shall submit their dispute to mediation. It allows them to maintain a certain freedom, not be constrained, and engage in negotiations in good faith, all with the help of a mediator.

However, mediation is often criticised because, despite a significant commitment of time and money, its outcome is uncertain and the parties are not guaranteed to obtain any results. Some also believe that the parties do not always act in good faith but instead use mediation to crystallise positions in negotiation and to obtain information otherwise unavailable.

In the event of failure of mediation, the dispute shall be submitted to arbitration, therefore, making it possible to counter these criticisms. Parties shall favour, first and foremost, the amicable way. They keep control of the calendar as well as their interests. The prospect of arbitration is likely to compel them to reach an agreement.

However, if mediation fails, parties are still certain to settle their dispute. The second stage of the process, arbitration, guarantees them the settlement of the conflict.

Whether it is at the end of a transaction or the rendering of an award, the parties will therefore obtain a settlement to their dispute. Med-arb, therefore, combines the techniques of mediation and arbitration, thus offering an efficient and flexible process.

The Chamber of Mediation, Conciliation, and Arbitration of Occitanie offers med-arb, whether the mediation is carried out under the aegis of the Chamber or under the aegis of another institution.