I recently had a client question why he should participate in mediation.
The short answer is mediation allows parties to create their own solution to a construction dispute. Otherwise, the dispute is resolve by arbitrators, a judge, or a jury, depending upon how the construction contract is written. Mediation is not mandatory, unless set as a condition precedent in a contract; as typically done with AIA contracts. And even when mandatory, there is no requirement to settle the case.
But often mediation can be the earliest, least expensive means of resolving a dispute between parties, including by getting the input from a neutral evaluator who typically would have a strong construction background. I’ll talk further about mediation in later blogs. I’m interested in whatever views participants in the mediation process have; good or bad – so please send your thoughts.