lylecharles blog 8

Common mistakes when choosing a mediator

Written by Lyle Charles

Mediation is an efficient and cost-effective way to resolve disputes that arise in construction projects. However, construction mediation is complicated, and therefore parties will need to choose their mediator wisely as an experienced mediator will be able to influence parties to reach an agreement within a short period. Many construction turnaround services offer construction mediators who resolve disputes. However, consider the following areas before choosing your mediator.

Expert mediator – It is best to choose an expert mediator who possesses the skills and the experience to bring the dispute closer to a settlement.

Choose an experienced mediator – Choose an expert mediator rather than one who is an expert in the construction field. Most qualified mediators can be briefed on the details of the case, but an expert in the construction field cannot mediate a dispute successfully.

Objectives – If you are looking for a resolution in a commercial deal or dispute that requires legal analysis, it is best to look for the services of a solicitor or a barrister, who will focus on the legal analysis and less on the strengths of the parties’ positions. On the other hand, if you only want to reach a deal, a lawyers input might not be required.

Avoid busy mediators – Mediators should be able to spend a large amount of time on a case and should be prepared before sessions.

Your mediator should be known – Use a mediator that you have worked with before as you will know how this mediator functions in sessions and how he or she meets your objectives.

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Lyle Charles offers construction consultant services for commercial construction projects across the United States.