Dispute Resolution Mediators
Typically
C. A. Services acts as an informal mediator at the request of either the
Owner or the Contractor. It is always best to conduct an impartial review of
both positions as soon as possible. It is also essential to get agreement
from both parties that they will work together to resolve the issues at hand.
Whether formal or informal, a mediation hearing/meeting should
take place as soon as practical. The mediation process involves six distinct
stages:
· Mediator’s Opening Statement
After both parties are seated at the table, the mediator
introduces everyone, explains the goals and guidelines of the process, and
encourages each side to work cooperatively toward resolution.
· Each Party’s Opening Statement
Each party is allowed to state, in its own way, what the dispute
is, how it has affected them, and their proposed resolution. While one party
is talking the other party is not allowed to interrupt.
· Joint Discussions
The mediator facilitates discussions between both parties to
discuss what was said in the opening statements. During the joint discussion
the points of dispute are discussed and any partial agreements are noted, as
are issues that still need to be addressed.
· Private Caucuses
Generally considered the “guts” of mediation, the private caucus
is a chance for each party to meet privately with the mediator to discuss the
strengths and weaknesses of their position. Each party is also asked to
propose new ideas for settlement. The mediator may caucus each party just
once or several times as required to develop a mutual solution.
· Joint Negotiation
After the caucuses, the parties come back together to jointly
work out the final points of a settlement.
· Closure
At the end of the mediation process the mediator puts the main
provisions and agreements reached in writing as both parties listen and
provide input. The mediator may ask each side to sign the written summary or
suggest that they take it to their lawyer for review. If a total agreement
has been reached, an agreement can immediately be written and signed making
it a legally binding document if desired.
If no agreement was reached, the mediator will review whatever
progress has been made and advise everyone of their options, such as meeting
again later, going to arbitration, or going to court.
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