By Steven C. Bennett
Article is reprinted with permission from The Practical Real Estate Lawyer
Mediation, as a tool for dispute resolution, is uniquely suited to the special circumstances of construction projects. But mediation is no panacea. The structure of the mediation process, the character and qualifications of the mediator, and the strategies employed by mediating parties — all these and more can have a profound effect on the success (or failure) of construction mediation.
This article summarizes practices that may improve the chances that mediation can resolve a construction dispute quickly, cheaply and fairly. The intended readership for the article is both the counsel who participate as advocates in construction disputes and their constituent clients.
This article has also been broken down into three condensed parts. While these condensed article hit some of the key points author Steven Bennett includes in the full article, the smaller articles do not include all of the information from the original article.
Part 1: Best Practices for Construction Mediation Success: Preparing for Mediation
Part 2: Best Practices for Construction Mediation Success: Conducting the Mediation
Part 3: Best Practices for Construction Mediation Success: Completing the Mediation Process