Mediation Services: Step by Step
At the start of virtually all construction projects, everyone has honorable intentions. However, disputes and claims can and do arise at any phase of the process. The best solution is always quick and equitable.
What is mediation?
Mediation is a form of alternative dispute resolution (ADR), a way to resolve disputes between two or more parties. The term broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that less formal negotiation lacks. This particular process is private, confidential, and, in some cases, enforced by law, though participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Why Stewart Consulting?
Many mediators are lawyers with a thorough understanding of the law but little or no grasp of the construction process. When the mediator does not understand the technical facts and merits (or demerits) of party positions, these realities get set aside in favor of less equitable considerations like whose insurance company is prepared to pay.
Years of managerial experience on numerous types of construction projects and a qualification in mediation set Stewart Consulting apart from most firms providing mediation services.
Stewart Consulting offers knowledgeable construction perspectives on disputes. This expertise, combined with a working knowledge of the law gained as a regular expert witness, enables David to zero in on the issues and provide guidance towards settlements that predict likely outcomes at arbitration or trial.
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Technical Expertise
David informs and mediates with factual information related to the construction job at hand. His education and qualifications as a civil engineer, project manager and mediator mean he is uniquely equipped to present workable solutions that ensure both the complainant and respondent are getting something from the settlement. -
Experience
David has not only worked on and managed countless construction sites, but he has also testified as an expert witness in dozens of construction-related disputes, many of which have gone to trial. David knows how cases pan out when mediation fails and understands what will best serve both parties in terms of the original cause of complaint, the construction job. -
Negotiation Skills
David’s understanding of construction and legal processes means he is uniquely able to show both sides that they are getting something from a deal. Shedding expert light on the technical issue, David helps parties understand where it is feasible and reasonable for them to compromise.
Mediation is your last opportunity to have your say in the outcome of a dispute. Don’t take a chance on an uninformed mediator. Construction expertise settles construction disputes. For fair and workable solutions, choose Stewart Consulting.
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