However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool as they are when joined together.

Depsite what many believe about the process, there is no magic bullet and yet in Cecala v. Moore, the U.S. Court in Northern Illinoise said that "an agreement to mediate all dusputes [from] contract law was properly categorized as arbitration" -- yet arbitration and mediation may also be used interchangelably without too many procedural difficulties (McLean and Williamson). It is really up to the parties that enter into the process to decide if Med-Arb will...
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