Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And the mediator typically does not have any decision-making authority in the context of the mediation.
Instead, like any negotiation, the outcome of mediation is entirely in the hands of the parties. The mediator helps the parties by managing the exchange of information and other aspects of the negotiation process, like finding common ground and dispelling unrealistic expectations. In my latest article for the Daily Journal of Commerce, I provide some considerations parties involved in a mediation should keep in mind to maximize the possibility of a successful outcome. Read the full article here.
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on February 18, 2021.