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Abstract
Nearly all construction cases, whether in the litigation or arbitration forum, will be mediated. Although mediation continues to be a successful vehicle to resolve disputes, the numerous, varied, and complex issues usually involved in construction cases in particular call for more forethought by counsel in order to provide the best possible environment for success. While there is no "bible" on either the mediator's or the advocate's style in conducting a construction mediation, and in fact wide variations in opinions may exist on the subject, the following ideas are compiled from the significant experiences of the authors in this area to provide food for thought for construction counsel.
The potential issues and how counsel chooses to handle those issues in a construction mediation are varied and endless. It is the authors' hope the foregoing will increase construction counsel's ability to prepare and conduct a construction mediation with an effort toward maximizing the chances of resolution at mediation.
Table of Contents
- Introduction
- Pre-Mediation Issues
- Opening Statements
- Private Caucuses
- Final Caucuses - Closing The Deal
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