A civil action shall be ordered to mediation or mediation in conjunction with arbitration upon stipulation of the parties. A civil action may be ordered to mediation or mediation in conjunction with arbitration upon motion of any party or by the court, if the judge determines the action to be of such a nature that mediation could be of benefit to the litigants or the court.According to this article in The Buffalo News, a hybrid Med-Arb process was a useful technique resulting in a $4 million dollar total mediation settlement between a severely burned plaintiff and Burger King and 2 other corporations, with apportionment among the defendants being determined by arbitration which is to follow mediation.
Good process thinking here!
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