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MEDIATION
ACEC/CT Coalition for Construction Industry Dispute Resolution
Why Mediation?
The construction industry is complex and litigious. The high cost of projects, the number of participants and shortened time schedules make disputes commonplace. Disputes increase costs and delay project completion. The traditional method of resolving disputes–litigation–wastes enormous amounts of time and money for all sides in a dispute. Alternate Dispute Resolution (ADR) techniques can be used to resolve disputes more efficiently or prevent them from starting in the first place.
Mediation, a form of ADR, is a informal but orderly process conducted by one or more impartial mediators. The mediator assist parties in identifying and discussing issues of mutual concern, exploring various solutions, and developing a mutually agreeable settlement.
Advantages:
- You are in control, not a judge or jury.
- Mediation is voluntary–you can withdraw at any time.
- All parties are treated fairly and equally.
- Mediation is confidential–what you say can’t be used in litigation.
How Does Mediation Work?
1. Parties to a dispute must first agree to mediate their dispute. Some contracts require parties to participate in mediation. If you are interested in having a dispute mediated, contact ACEC/CT and we can notify the other parties in the dispute that you are interested in mediation.
2. If all the other parties agree to consider mediation, ACEC/CT will then send out a list of trained mediators to all the parties.
3. When the parties have agreed on one or more mediators, ACEC/CT will arrange a time and place for a mediation session.
4. At the mediation, the mediator will explain the mediation process and your rights. Each party will have the opportunity to tell their story and outline their interests. The mediators may meet with the parties together and separately.
5. If all parties are successful in reaching an agreement, that agreement can have the same weight as a judgment of the court.
For more information about Mediation and finding a mediator for a construction industry dispute, contact Paul Brady at (203) 281-4322 or email pbrady@ctengineers.org
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