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PREPARING TO MEDIATE A CONSTRUCTION DISPUTE

10th Annual Construction Law Conference

February 20 & 21, 1997

Austin, Texas

FRANCIS S. AINSA, JR.

El Paso


Abstract

If properly used, mediation can resolve many construction disputes. It operates on the principle that if a party learns that the worst is yet to come, that party will be strongly motivated to settle. Nothing helps a party realize his true position in a disputed construction case than the comments of a respected and effective mediator.

TABLE OF CONTENTS

INTRODUCTION 1
DISPUTE RESOLUTION 2
WHY IS MEDIATION A DESIRABLE DISPUTE RESOLUTION TECHNIQUE? 2
AT WHAT POINT IS MEDIATION APPROPRIATE 3
RULES FOR MEDIATION 3
MEDIATION PERSPECTIVES 5
PREPARING THE CLIENT FOR MEDIATION 5
PREPARING THE MEDIATOR 6
CONCLUSION 7


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