Confidential Discussions, Negotiations, and Effective Resolutions

How it works

• Agreement to mediate: 

Parties voluntarily agree to participate in mediation and often jointly select an experienced mediator. 

• Preparation: 

Each party gathers relevant documents, such as contracts, change orders, and cost reports, and identifies key issues. 

• Mediation session: 

The mediator facilitates a private and confidential discussion to help parties clarify misunderstandings and explore potential solutions. Parties may meet together or in separate rooms. 

• Reaching an agreement: 

If the parties find common ground, they document their agreement in a legally binding settlement. 

Key benefits

• Cost-effective: 

It is generally less expensive than going to court or arbitration due to shorter timelines and lower legal fees. 

• Faster resolution: 

Mediation can often be scheduled quickly and may only take a day or two to complete, which is crucial for keeping projects under construction moving forward. 

• Preserves relationships: 

The collaborative nature of mediation helps maintain professional relationships, which is vital for future projects. 

• Party control: 

Unlike litigation, where a judge or jury makes the decision, parties retain control over the outcome and can agree on creative, mutually beneficial solutions. 

• Confidentiality: 

The process is confidential, which allows parties to discuss sensitive information without the risk of public disclosure. 

Common disputes addressed

Payment disputes, Delays and scheduling issues, Quality of materials and workmanship, Contract interpretation and changes in scope, and Disputes involving subcontractors and suppliers.