Mediation Of Construction Disputes - An Advanced Preparation Guide For Mediation Of The Complex Construction Case - Introduction

Alhadeff, Alan
Organization: Deep Foundations Institute
Pages: 28
Publication Date: Jan 1, 1990
Why is mediation being hailed as the wave of the future? The high cost of putting on a trial, over-crowded court calendars and long trial delays have resulted in what prominent attorneys and leading jurists are calling a litigation crisis. In no segment of the legal world are these pressures greater felt than in the trial of the serious construction case. Furthermore, the siege mentality of both the plaintiff and defense bar often leads to a reluctance by either side to make the first reasonable offer for fear of showing weakness. Attorneys operating in the serious construction case arena express concerns that there exist insufficient opportunities for the parties to meet, tell their stories, and negotiate settlement prior to the eve of trial. Mediation, by opening lines of effective communication and encouraging meaningful settlement negotiation, has proven to be a very effective antidote to the litigation crisis.
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