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"Med-Arb": Behind the Closed Doors of a Hybrid Process

Barsky, Allan. Family Court Review,

This article examines the benefits and risks of mediation-arbitration ("med-arb"). Med-arb is a hybrid conflict resolution process that attempts to blend mediation's collaborative, client-empowering approach with arbitration's efficiency and finality. Although this process may not be appropriate for all cases, there has been substantial research in using this hybrid process in divorce and separation cases. The author makes several suggestions that will help to eliminate some of the risks involved in the med-arb process in divorce and separation cases, such as providing checks and balances and examining allegations of child abuse and domestic violence before mediation begins.

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