Helping You Resolve Disputes…
Disputes happen in the design and construction field. They cost time, money and diversion from your primary objectives.
Let me give you a hand at resolving them either through my “Real Simple Mediation” process or by providing you with an experienced analysis of the dispute.
As Peter Drucker famously said “Don’t solve problems- Pursue Opportunities”. Let me work on your problems so you can pursue opportunities.
How Mediation Works…
Where direct negotiation has failed or where the parties agree that a knowledgeable neutral third party may help preserve future working relationships then mediation is the appropriate next step.
There is a wide range of techniques for mediation but to minimize time and money the following scenario is recommended:
- Parties submit a one page description of the dispute to the mediator.
- Parties arrange to meet at a convenient site with the mediator.
- Ideally the parties all meet for lunch to get to know each other (optional)
- The mediator meets with each party individually (preferably with only one person who is empowered to make decisions) to better understand each party’s desires.
- In a second round of individual meetings, the mediator assists each party in understanding all sides of the issues to help them move toward a resolution.
- After the second round of meetings the parties meet together with or without the neutral to attempt to come to agreement.
- If agreement is reached the mediator assists in documenting the basics of the decision. If no agreement is reached, the parties proceed to the next step up the time and cost ladder.
Mediation has been proven to work. In addition to saving time and money it can also help preserve, and may even improve, future working relationships between the parties.
What Does It Cost?
For dispute mediation on issues under $100,000 both participants pay $1000 for a one day mediation session. This payment is submitted with the initial one page description of the dispute. On-line credit card payment is accepted. If the mediation extends beyond one day an additional $1000 per day is required.
For claim analysis the charge is $1600 per day.
If No Agreement Is Reached…
Mediation is entire voluntary. If no agreement is reached at the end of the first day the participants can mutually agree to extend for additional days. Either party can terminate the mediation at any time.
Here is a typical mediation process of a disagreement (dispute?) on construction issues of under $100,000.
Day 1: Both parties submit a one page description of the issue and their position. This is submitted by each via email to firstname.lastname@example.org by noon along with a VISA payment of $1000.
Day 2: Both parties (one decision-capable person from each) meet for a box lunch at noon at 10600 Staples Mill Road, Glen Allen. Meeting together is optional but encouraged. No issues will be discussed at lunch. We will spend that time getting to know each other. Beginning at 1:00 I will meet with individually with each party to insure that I understand their position. This should not take over 30-45 minutes each. After the initial meeting with each I will then meet a second time to review strengths and weaknesses (if any) of their position with them.
Next I will recommend that the parties meet together with or without me (their choice) to come to an equitable agreement. If agreement is achieved I will assist in committing it to a one-page document. If agreement is not achieved, the parties are free to proceed to the next step.
Anderson Construction Mediation LLC
10160 Staples Mill Road • Glen Allen, Virginia 23060