The process of construction mediation can be grueling when both parties steer away from a mutual beneficial conclusion. However, this can be resolved with effective techniques in which you, the mediator, approaches the case in a more simplified manner. Below are some tips in which you can improve your strategies and tactics as a mediator in order to achieve a quick and efficient conclusion.
Mediation is a somewhat casual sit-down with both parties involved in a claim. A third-party figure, which is the mediator, then encourages both sides to come up with conclusion that benefits both sides. This gives the claim a chance to work itself out without having to go to court. It also serves a chance for both parties to openly share their perspective on the case. However, because this process is voluntary, any party can opt out at any time without having to legally fulfill anything. This is one of the risks that mediation poses when it comes to construction delay claims.
Communication is the biggest factor in mediation. The concept of the claim may be simple and not require explanation. However, it’s still important that you go over all the details in a vivid fashion as it may strike a chord with them. Also, be sure to check your ego before you enter the door. These settlements take time, and your goal shouldn’t be to rush a case. Instead, involve yourself with bilateral discussions and engage in discussions with good faith.
Keep it Good-Natured
As a mediator, you’re in charge of leading the discussions. You also have the benefit of opening their eyes, for a lack of better words. Allow both parties to explain their sides. Understand each position and dig in to understand the issues. Offer input only when it is welcomed by the parties as you don’t want to come off like your forcing tactics on them.
Bio: Lyle Charles, of Lyle Charles Consulting, is a structural steel expert with years of experience. For more information, visit him and his firm online today.