Preparing for Mediation Instead of a Trial

Many disputes regarding construction jobs can be resolved through mediation, which saves both parties time and resources. Preparing to work with a court-appointed mediator is quite different than conducting due diligence for a trial, writes attorney Elizabeth Repper of Keating Chambers. Why does Repper advise not to approach mediation as you would an arbitration or adjudication? β€œIt is the norm for the mediator to be a facilitator and not a judge or decision maker, which means that the parties must persuade each other – and not the mediator – of their case,” she says.

http://constructionblog.practicallaw.com/two-rules-and-some-practical-tips-for-mediation/

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