Unlike 20 years ago, when a mediation – a commonly used route for resolving disputes in the construction claims process – was typically held close to the trial date, today the prospect of an early settlement can lead to the parties often seeking multiple mediation sessions over the course of a dispute. Additionally, construction and design contracts drafted recently generally call for an early mediation session before a lawsuit or arbitration demand can be filed. However, despite best intentions and highly competent mediators, early mediations often fail. In my latest article for the Daily Journal of Commerce, I look at a few steps the parties can take to increase the odds for a successful mediation. Read the column here.
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on December 22, 2020.