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MAY BE CONSIDERED ATTORNEY ADVERTISING MATERIAL
I am a big proponent of Mediation as a means to resolve Design and Construction disputes and I think Mediation is an essential tool in the arsenal of all Construction Attorneys whose clients want to achieve Early, Cost-Efficient dispute resolution Mediation is a flexible, confidential and Non-Binding form of dispute resolution where the parties hire a Mediator typically a seasoned Construction Attorney to help guide them along the process of trying to negotiate a voluntary settlement I say it is a "non-binding" process because if a party decides that it is in its interest to terminate negotiations and walk away from the mediation it is free to do so In an optimal Mediation the parties will engage the Mediator early and the Mediator will have confidential discussions with each party in order to understand why they were unable to settle the dispute themselves - and also to predict what are the points of impasse that may derail settlement as they move forward? With that information, a Mediator is able to design a process that often will include an exchange of information between the parties so that they have what they need to be able to make a business decision whether to settle - or not - after that information exchange - when the parties are ready to negotiate - the mediator will often convene an 'in-person' negotiation session where the parties will hopefully resolve their dispute Now, what's important is that the Mediator not convene the Mediation before the parties are ready to make a business decision to settle Otherwise, you have a 'positional negotiation' with one Party carving out an extreme position and the other Party carving out an equally extreme position Those types of Mediations tend to fail but proper Mediations can be very useful to resolve Design and Construction disputes Even Mediations that don't result in Settlement are not failures because they give parties an opportunity to learn a lot about their opponent's position

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