When You Shouldn't Mediate Your Construction Dispute
Photo by Cytonn Photography on Unsplash Mediation is a wonderful form of dispute resolution. It allows the parties to craft their own resolution to a conflict. It frequently repairs relationships. Parties tend to comply more with mediated settlements. That said, there are definitely times when you should not mediate. As a refresher, mediation is an alternative form of dispute resolution where the parties attempt to negotiate a settlement of their dispute with the aid of a third-party, neutral mediator. It is a confidential process. If the parties come to an agreement, that agreement becomes an enforceable contract. Since parties have control over whether they come to an agreement, they are much more likely to comply with a mediated settlement than a judgment. So, when not to mediate? When the other side refuses. Mediation is supposed to be a voluntary process. The parties are supposed to attend a mediation session in good faith. There is no point in wasting ever