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? “It 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.

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