The Tallahassee construction lawyers of Cotney Construction Law have successfully mediated numerous construction disputes through the mediation process. We understand what an effective and efficient mediation process looks like and we know it begins with the selection of a reputable mediator. In this second article, we’ll give you some tips to help you achieve a desirable outcome and we will give you some insight on how to avoid failure. Read Part 1 to learn about the benefits of mediation.
Steps to Mediation Success
To make the most of everyone’s experience, there are steps you can take to ensure the process is efficient and beneficial to the parties involved. For one, parties need to be prepared for negotiating which means ensuring they thoroughly understand the case at hand. They should be careful to prepare an open statement. It is also vital that you are proactive so that disputes can be resolved within a reasonable timeline. Additionally, parties are encouraged to prepare a settlement agreement in advance and have it ready for signatures to expedite the closing of the case.
Avoiding Mediation Failure
Mediation is an ideal way to handle construction disputes but they can fail for various reasons. Some of the reasons why mediations fail include withholding critical information, failing to work together to find a mutual solution, or failing to keep emotions in check. Other reasons include using the mediation as a means to gain an advantage over another party or failing to understand the mediator’s role. These are just a few of the behaviors that can seriously derail the entire process. If no agreement is made, each party can move forward with an arbitration.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.