What is Mediation?
Mediation is a non-binding process whereby the parties explain their respective positions to an experienced Mediator who then attempts to facilitate a resolution.
What Is Our Mediation Philosophy?
- The parties are in the best position to achieve an equitable resolution if they employ the assistance of a Mediator with relevant construction expertise
- Mediations are the most suitable tool for preserving relationships
- Mediations are the most cost-effective means of resolving disputes
What are the Benefits of Mediation?
- The parties themselves reach an agreement rather than a decision being rendered by a judge, jury or arbitrator
- Mediations can be scheduled in weeks whereas trials and arbitrations often take months or even years to schedule
- Mediations do not prejudice any party’s right to seek a jury trial or arbitration in the event the mediation does not bring about a settlement
- The mediation process is informal and may or may not involve lawyers
- Mediations are the most cost-effective dispute resolution process
- We collectively have well over 30 years experience servicing those involved with construction industry
- We have handled hundreds of different types of construction claims
- Our experience and depth of knowledge regarding such claims enable us to grasp complex construction issues and fashion workable resolutions
- We understand the industry and we understand how to resolve disputes
How does the Process Work?
• The parties jointly meet with the Mediator and are given an opportunity to outline their respective positions. The Mediator then meets with each party individually to further explore the merits of each contention. Proposals are then exchanged by the parties with the assistance of the Mediator with the goal being to reach a mutually agreeable resolution
What Happens if an Agreement is Reached?
• The parties enter into a binding settlement agreement
What Happens if an Agreement is Not Reached?
• The parties can attempt to resolve their dispute through other processes such as by trial or arbitration
How is the Mediator Paid?
• Each party pays an equal portion of the Mediator’s fee
How are Mediations Scheduled?
• Simply call our office or proceed to our Request for Mediation form to apply online.