IS IT TIME TO MOVE ON?

Resolving Disputes by Mediation

Mediation is an informal, solution-based discussion between the parties aimed at solving a dispute without the time, expense, and uncertainty of litigation or arbitration. Mediation asks the questions, “What is important to you?” and “How do we put this problem behind us?” The mediator facilitates the discussion and helps the parties explore options. The path to a resolution is determined by the parties.

My name is Matt Deal. As a mediator, I don’t have an opinion. My goal is to sit down with two (or more) parties who have a disagreement and seek to find some common ground that will yield an end to the problem. I help define what is important to each and what may, in fact, be negotiable. My goal is to keep the waters calm and the discussion polite and focused.

I bring over 50 years of construction experience to the task. I don’t presume to impose a solution—rather, I help the parties overcome the obstacles to finding a solution acceptable to them.

At the end of the day, resolution by mediation allows the parties to move past a dispute and focus on the future, and it avoids the time, expense, and uncertainty of litigation.

All types of disputes are ideal for mediation. In construction matters, we often see issues relating to defects, change orders, scheduling, delays, the scope of work, or payments.

Mediation works well for contractors, sub-contractors, owners, design professionals, and service providers.

Parties may introduce documents. If they wish, they may submit them to the mediator for review prior to the mediation. All information is confidential unless a party agrees otherwise.

First, the mediator summarizes the issues from a neutral perspective. Then, my goal is to help the parties see the dispute in new ways. The mediator may ask clarifying questions, attempt to identify expectations, encourage brainstorming, and solicit suggestions for a solution.

Parties to mediation should be prepared to listen, view the issue from the other party’s perspective, and, if necessary, compromise.

Once the parties reach a solution, the mediator will reduce the terms to a written agreement, which the parties will acknowledge. This agreement may be binding if the parties so agree. Mediation and the results will always be confidential.

Most basic mediations can be concluded in one session of four hours or less.

Anyone and everyone involved in a dispute! The last place you want to end up is in a court of law or before a $500/hour (minimum) arbitrator (probably a retired judge) who likely knows little or nothing about construction. Most parties in a dispute want a resolution based on reality, not some point of law. Whether you are a design professional, a material supplier, a subcontractor, an owner, or a contractor—you should choose mediation first. With a little luck, it will solve your issue and save you thousands in fees and costs. And eliminate that nagging stress that just won’t go away. Most mediations can be completed in less than a day.

Most mediations can be scheduled within a week or two and concluded in a day or less.

First, contact us to set up a mediation. We will send you an agreement, and if you haven’t done so already, we will contact the other party. If you have an agreement with a mediation clause, please provide that to us. Click here.

Next, once both parties have signed the mediation agreement and paid the mediation fees, you may upload any exhibits you desire the mediator to review.

Once the agreement is signed and exhibits are uploaded, we will set a mediation date. The mediation will take place at a neutral site that is reasonably convenient to both parties. We strongly encourage in-person mediation as opposed to remote meetings.

Most mediations take about half a day; more complicated issues can be longer. The parties split the mediation fee of $1600 for each half-day. Pre-mediation document review is $125/hour with a one-hour minimum. Venue charge varies by location and is shared equally by the parties.

Call or email today. (858) 776-8142 or [email protected]