Product Tag: Expert Testimony

A confidential settlement statement for construction case. Construction projects often produce disputes. Mediation can help resolve such disputes, quickly, confidentially, and efficiently.

Forms of mediation vary greatly, from facilitative (with the mediator encouraging parties to consider the benefits of settlement, and creative alternatives for dispute resolution), to evaluative (with the mediator providing a non-binding assessment of the strengths and weaknesses of positions, to help parties rationally evaluate the benefits of settlement), and a variety of other forms. Mediators, moreover, vary, from subject matter experts (including non-lawyer professionals) to experts in dispute resolution (including ex-judges and highly experienced counsel).

Get a process, and a mediator, that is right for your dispute. Even if the process is not specified in a contract, or if mediation is directed by a court, you still have the ability to shape the process (on agreement with the adversary). Since you share an interest in ensuring that the process succeeds, early discussion with adversaries about the needs of the dispute should be a high priority.