Med-Arb Revisited – Using OMAP (Opt-Out Med-Arb Process) as a Process Option
Since the publication of the ADR Institute of Canada’s Med-Arb Rules in 2020, Med-Arb has become much more widely accepted as an integrated dispute resolution process in Ontario. Despite this many counsel and parties still have a significant degree of resistance to its use. In the best-known form of med-arb, a single neutral acts as both mediator and arbitrator. The process only transitions into arbitration if the mediation fails; in that case, the med-arbitrator conducts the arbitration and issues a binding decision.
This process offers time and cost efficiencies over stand alone mediation and arbitration and guarantees an outcome, it . . . [more]