Constructiondisputes-cdrs.com
Title
Arbitration Construction Services - Binding Mediation - Construction Expert Witness - Alternative Dispute Resolution Construction
Description
ABOUT BINDING MEDIATION
Binding mediation is a relatively new form of alternate dispute resolution. It has the same finality as binding arbitration but first allows the parties to work together, with the assistance of a trained, experienced and skilled mediator, to come to a settlement agreement that both parties will find to be fair and equitable.
The process begins with the standard procedures of a basic mediation; without pleadings, discovery and the other formalities that are common to binding arbitration. The mediator has the freedom that mediation allows to the mediators, to talk to the parties both collectively or privately as he/she deems to be appropriate. At a point where the mediator and all of the parties feel that they have come to agreement on as many items as is possible through the mediation process, the mediator will assist the parties in executing and signing a final Settlement Agreement to cover the items upon which the parties have reached agreement. If all items have been successfully resolved, the binding mediation process will come to a close. After that Settlement Agreement has been completed, the mediator may immediately render his/her decision on the remaining unresolved items or he/she may request a review of the facts and information available on the unresolved items before rendering a decision on how the unresolved items will be resolved.
As an example: I once had a mediation concerning a major addition on a residence. The contractor and homeowner had 32 items in which they could not come to an agreement prior to mediation. They originally called me for a standard mediation. After reviewing the 32 items, I knew I had the construction knowledge to decide any or all of the items as if I were an arbitrator. However, I also know my abilities as a mediator, and suggested that they consider a binding mediation session. I explained that we would try to come to a resolution, through mediation, on all 32 items. Then, if there were any items that did not come to resolution through mediation, I would make the final decisions on those unresolved issues. As both parties wished to end the dispute in one session and they felt that I was more than qualified to make final decisions, they decided to go with the binding mediation process. They signed a binding mediation agreement on the morning of the scheduled mediation.
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