Med-Arb

Mediation first, and if that does not settle everything, a binding decision on what remains, often from the same neutral.

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Med-arb brings a dispute to an end: it either settles or is decided.

The Short Answer

What is med-arb?

A hybrid process in which the parties first try to settle with a mediator, and any issues left unresolved are decided by arbitration. Under Ontario’s Arbitration Act, an arbitrator may use mediation only with the parties’ consent, so the agreement to med-arb must be clear and informed.

WHEN IT SUITS

Where Med-Arb Works

Med-arb suits disputes that need a fixed end point, where most issues are likely to settle but one or two may not, and where the parties want a single neutral who already understands the file.

THE SAFEGUARDS

Getting the Agreement Right

Consent to the same person acting as mediator and arbitrator, given with understanding.
Private meetings: what happens to information shared privately with the mediator once they become the arbitrator.
The switch: when and how the process moves from mediation to arbitration.
Scope of the issues that can be decided.

ALTERNATIVES

Other Hybrids

Some parties prefer a different neutral for the arbitration phase, or arbitration first with mediation afterwards. We help choose the structure that fits the dispute. See mediation and arbitration.

VARIATIONS

Med-Arb, Arb-Med and Other Hybrids

In med-arb, mediation comes first and arbitration decides what is left. In arb-med, the arbitrator hears the case and writes an award, then seals it while the parties try to mediate. If they settle, the award is never opened; if they do not, it is released. Some parties prefer arb-med because the arbitrator decides the case before hearing anything said privately in mediation.

Others use two different neutrals: one to mediate and, if needed, another to arbitrate. That costs more but removes any concern about the same person holding both roles.

FAMILY MATTERS

Med-Arb in Family Law

Med-arb is widely used in Ontario family disputes, but family arbitration carries additional legal requirements. Each party must receive independent legal advice before agreeing to arbitrate, and the parties must be screened for power imbalances and family violence. An agreement that does not meet the requirements may not be enforceable. See our family arbitration page.

THE AGREEMENT

Drafting the Med-Arb Agreement

Who the neutral is and their written consent to act in both roles.
The issues the process covers, and any it excludes.
Confidentiality of private sessions, and how that information is treated if the process moves to arbitration.
The trigger for moving from mediation to arbitration, and who can pull it.
The arbitration procedure: written submissions, a hearing, or both, and the timetable for the award.
Appeal rights, if any, and how costs are shared.

THE NEUTRAL

Choosing Someone for Both Roles

A med-arb neutral needs two distinct skill sets: the patience and flexibility of a mediator, and the rigour of an arbitrator who must write a reasoned, enforceable decision. Before appointing someone, ask about their experience in each role, how they handle private information when moving from mediation to arbitration, and how they charge for each phase.

The neutral should confirm in writing that they have no conflict of interest and that they consent to act in both capacities. Parties should also agree at the outset whether the neutral may give an opinion on the merits during mediation, because some parties welcome that and others find it undermines confidence in the later decision.

RISKS

The Risks, Handled Properly

The main criticism of med-arb is that a mediator hears things in private that an arbitrator should not rely on. Parties may also be less candid in mediation if they know the same person will decide the case. Both concerns can be managed: by agreeing how private information is treated, by using a different neutral for the arbitration, or by choosing arb-med instead.

Courts have upheld med-arb awards where the process was fair and the parties’ consent was clear. The protection lies in a well-drafted agreement and a neutral who respects its terms.

AN EXAMPLE

A Partnership Winding Up

Three partners in a professional practice are dissolving it. They agree on most of the division of assets, but not on the value of work in progress or the allocation of a lease obligation. They choose med-arb with a single neutral experienced in professional partnerships.

In mediation they settle everything except the work-in-progress value. The neutral then receives short written submissions and decides that issue as arbitrator. The partnership is wound up within two months, without anyone going to court.

An illustration only. The organisation, people and details are invented, and every real dispute turns on its own documents and facts.

WORKING WITH US

How an Engagement Works

We start with a conflict check, then an initial consultation to understand the dispute, any agreement or clause that governs it, and the deadlines that apply.

Scope and fees are agreed in writing before work starts. Preparing for and attending a single mediation is often a defined piece of work, which makes the cost predictable. Arbitration and litigation are harder to predict, and we explain the likely stages and costs at the outset.

We meet clients at our Toronto, North York, Mississauga and Oakville offices or by video, and many mediations and arbitrations now run online. The firm works in 13 languages.

Sources

Where This Comes From

Arbitration Act, 1991 (Ontario)

Last updated September 2026. Published by Lexaltico LLP, Toronto.

General information

This page is general information about Ontario and Canadian law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Rules change, and whether any option is available to you depends on your own circumstances.

Mediation and arbitration

Common Questions

Frequently Asked Questions

Is a med-arb decision binding?

The arbitration part produces a binding award, subject to the Act and the agreement.

Can the mediator become the arbitrator?

Only with the parties’ consent, which should be clearly recorded.

Is med-arb used in family law?

Yes, with additional statutory requirements for family arbitration in Ontario.

Is med-arb cheaper?

Often, because one neutral handles both stages and the dispute cannot stall.

Can either party end the mediation and move to arbitration?

Only as the agreement allows. A clear trigger avoids arguments about whether mediation has run its course.

Is the arbitrator bound by what was said privately in mediation?

That depends on the agreement. Many say private information may not be relied on, or use a different neutral for the arbitration.

Is med-arb suitable where there is a power imbalance?

It needs particular care, and in family matters screening is required. Sometimes a different process is safer.

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Med-Arb Ontario: Mediation-Arbitration: Start My Enquiry

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Lexaltico LLP

Downtown Toronto

55 University Ave, Suite 1100
Toronto, ON M5J 2H7

North York

2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7

Phone

+1 416 333 6200

Hours

Monday to Friday: 9:00 AM to 5:00 PM
Evenings & weekends by appointment

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Related Pages & Guides

Mediation & Arbitration Commercial Arbitration Mandatory Mediation (Rule 24.1)Workplace & Employment Mediation Family Mediation Family Arbitration

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