Arbitrator Picher explores the the recent trend, in Canada, of the parties requesting that the arbitrator mediate their dispute. Having conducted an informal survey, he found that mediation was used…

Three arbitrators discuss whether and under what circumstances an arbitrator should undertake to mediate a dispute, the ground rules and pitfalls.

The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered…