What Every Contractor Needs To Know About Mediation
A generation ago, mediation of construction disputes was unusual, writes Bruce W. Ficken in Pepper Hamilton’s Constructlaw blog. Today, it is rare that a construction claim goes to trial without some effort at mediation first. Indeed, a substantial percentage of construction contracts require mediation as a precondition to filing suit or demanded arbitration.
“Still, as pervasive as mediation has become, misperceptions about mediation persist among the contractor population generally.
“What does a mediator decide? Who controls the proceedings? Is there such a thing as binding mediation? How confidential is confidential during and after a mediation?”
The author addresses those questions in the article.