Construction mediation presents unique challenges and opportunities that can determine the outcome. Here is some practical guidance based on our experience.
Proper preparation and participation in mediations requires an understanding of the pyramid of parties, how the timing affects potential settlement options and whether experts will participate. Depending upon the number of issues presented, it also may be necessary to segregate the parties into submediations by trade or discipline. To facilitate a settlement, it is critical for the parties to recognize the legal and practical obstacles that a mediator will have to address. In the realm of construction cases, preparation by all parties is the key to success.
