Construction Mediation: The goal of mediation is to assist the parties in crafting their own solution to a dispute. The goal is a written settlement agreement resolving the issues between the parties. A mediator who is experienced in the construction industry can provide a process that is more effectively and efficiently suited to resolving disputes that arise in construction projects.
Why Mediation Works: Mediation is a structured process, facilitated by a trained mediator, which is designed to help the parties work through an impasse and find the common ground they need to craft a resolution.
The Role of Mediator: A mediator is a neutral party trained in providing a structured mediation process. A good mediator is also a good manager, who works actively with the parties in setting the ground rules, helps them to identify and clarify the issues and facilitates the exchange of information. The mediator helps the parties think creatively about ways of resolving their differences. What a mediator does not do: a mediator does not give legal or financial advice, and a mediator does not make decisions for the parties.
Benefits of Mediation:
What Happens if Mediation does not work? Sometimes the parties are unable to work through an impasse. If mediation does not work, the parties still have the option to proceed to arbitration or litigation, depending on the circumstances.
Note: The descriptions and discussion above represent the approach of Construction Dispute Solutions, PLLC and the opinions of its principal.
by John D. Onnembro, Jr., Under Construction: The Newsletter of the ABA Forum on the Construction Industry, Vol. 13, No. 3, November 2011
Please note that Construction Dispute Solutions, PLLC is not liable for the content of external websites. Following the links above implicitly constitutes acknowledgement and acceptance of this agreement.
Working with its National Construction Dispute Resolution Committee (NCDRC), the AAA created new Supplementary Rules for Fixed Time and Cost Construction Arbitration that will allow parties to calculate the maximum time to complete the arbitration, the number of hearing days, and the arbitrator costs. Learn more on the AAA website: http://go.adr.org/FixedTimeandCost