Mediation can foster improved communication and offer a resolution that allows a project to continue and avoid costly litigation. Here are some tips that can help you make the most of construction mediation.
Be Prepared
At mediation, you may be settling your case, so it is important that you can negotiate from the strongest position. Bring any evidence that you need to mediation with you.
Have All the Necessary People Present
If the dispute involves multiple parties, such as contractors and subcontractors or lenders or insurance agents, be sure that all of the necessary people who have the authority to resolve the case are present. Otherwise, you may waste time and reach a conclusion only for this to fall apart.
Treat the Mediator as an Ally
The mediator is not a judge. The mediator is not your lawyer. Instead, the mediator is an impartial individual who tries to help the parties reach an agreeable resolution. The mediator can give you important information about your claim to help you better evaluate your position.
Be Willing to Cooperate
Mediation provides parties the opportunity to work together to reach an agreeable solution. In many construction mediation cases, the parties do want to continue the project, so it is important that you approach the problem in a cooperative manner. Be respectful during times when you are in the presence of the other party and truly consider the information the mediator shares about the benefits of concluding the case through a mediated agreement.
Consider Creative Resolutions
Parties are not limited to decisions that would be made by a judge or jury. Consider creative options such as modifying the contract, creating structured payments, entering into a new contract or asking for an extended warranty.
