MED-ARB

 

Flexibility with certainty, offering efficient dispute resolution options.

Providing Med-Arb services for commercial, employment and property insurance disputes (including umpire appraisal processes under section 128 of Ontario’s Insurance Act).

Discover the benefits of the med-arb process.

 

Efficiency

Med-Arb combines the speed of mediation with the finality of arbitration, leading to the quicker resolution of disputes compared to traditional litigation.

Cost-effectiveness

By avoiding prolonged court proceedings, parties save on legal fees and court costs, making Med-Arb a more affordable option for dispute resolution.

Flexibility

Parties have the flexibility to pursue a voluntary settlement through mediation and retain the option of binding arbitration for issues that remain unresolved.

The Med-Arb Process

Med-Arb blends the flexibility of mediation with the assurance of arbitration, offering parties efficient, collaborative and binding dispute resolution.

Initial Planning

The parties select a neutral third party to serve as both mediator and arbitrator (the med-arbitrator). The med-arbitrator meets with counsel to confirm the terms of appointment and establish the ground rules for the process, formalized in a Med-Arb Agreement.

Mediation Phase

The med-arbitrator leads the parties through discussions on the issues in dispute, their underlying interests, resolution options, and the exchange of settlement offers, utilizing joint sessions and private caucuses as necessary, with the goal of achieving a mutually acceptable resolution of the dispute.

 

Transition Phase

If mediation results in a partial resolution or an impasse, the process smoothly transitions to arbitration with the same neutral third party. Any agreements are documented, and unresolved issues are identified for arbitration, to be decided by the med-arbitrator.

Arbitration Phase

The med-arbitrator conducts a formal hearing where each party presents evidence and arguments on the unresolved issues.

After reviewing the evidence and arguments, the med-arbitrator issues a binding decision (award) with reasons, which is typically final.

A trusted neutral practitioner of Med-Arb.

Bernard Morrow's approach ensures parties are heard, issues are explored thoroughly and resolutions are both fair and enforceable, fostering effective conflict resolution in complex situations.

Recognition

2023 recipient of the OBA Award of Excellence in ADR in recognition of exceptional contributions and achievements in Alternative Dispute Resolution.

Membership

Member of the Canadian Academy of Distinguished Neutrals, affiliated with the US-based National Academy of Distinguished Neutrals.

Credentials

Brings extensive expertise in med-arb, having successfully resolved numerous disputes by combining mediation skills with the authority to render binding decisions when needed.

  • We engaged Mr. Morrow to design and deliver a med-arb process for a complex commercial dispute. His meticulous initial planning proved invaluable, helping to narrow the issues significantly and streamline the process. We resolved all but one issue through mediation. For the remaining issue, Mr. Morrow ran a fair hearing as arbitrator and delivered a clear and timely decision. His approach ensured a smooth and efficient process. I would not hesitate to use his services again.

    Toronto counsel, commercial med-arb process

  • Mr. Morrow designed a med-arb process for a challenging partnership dispute. He took the time to design a clear and efficient process. We were able to resolve the dispute through the mediation phase of the process, saving significant costs and time. I will work with him again.

    Toronto counsel, med-arb process for partnership dispute

 Frequently Asked Questions

 

  • Fees are determined based on the complexity of the issues, the number of parties involved and the duration of the Med-Arb process. For information regarding fees, please contact our office.

  • Med-Arb services are only available to parties represented by lawyers licensed by the Law Society of Ontario.

  • Umpire appraisal under section 128 of Ontario's Insurance Act is a specialized form of med-arb for property insurance disputes. Each party appoints an appraiser to assess loss or damage; if they can't agree, an umpire mediates the issues in dispute and then makes a binding decision on any outstanding issues.

Ready to work with Morrow Mediation?