FIELD MEDIATION

By the time a typical construction lawsuit is brought before a mediator or a court of law, the trainwreck has already occurred.  Repairs made after this time will be done by someone other than the original contractor and trades, at significantly higher expense.  Even a modest victory at this point will prove expensive, and a loss can be devastating.

Field Mediation brings mediation to the jobsite and resolves problems while the project is underway, when it is still possible to achieve a successful outcome.  There is minimal interference with the work process, and no need to drag everyone into court.

Typical mediation and litigation processes cannot achieve this because they occur after the project has failed, and often the focus is on insurance coverage instead of issues.  By then it’s too late to turn a project into a success, and the only solutions available are unpleasant, costly and time-consuming.

Field Mediation is done “on the job” however, with a surprising array of benefits:

Field Mediation is “early intervention” that can salvage a project headed for litigation, and make it possible to finish the job with a clean record and no disputes pending.  Fewer disputes also means lower insurance costs, and everyone on the team will benefit from working on a well-constructed project that finishes with a good reputation.

1.            Problems are easier to identify, access and fix before they get buried beneath the work of subsequent trades.

2.            Problems can be solved “at cost” with materials and labor, instead of paying cash later for repairs done at inflated costs by a third party.

3.            Repairs can be made while tools, equipment and personnel are still on site, without additional move-on expense.

4.            Solutions can be provided quickly by the existing project team, using the relationships and team structure that were developed for the project.

5.            Different solutions can be explored and value-engineered, without requiring an all-encompassing and costly “bullet-proof” repair from a third party.

6.            There is more creativity and “give & take” between parties when the options cost less.  The goal becomes a good solution, rather than proving who may be at fault.

7.            Repairs can be done quickly, before the building is damaged by rain or occupied by the user.  This reduces costly “resultant damages” to the structure and finishes.

In addition to these benefits, Field Mediation teaches how to recognize and avoid future construction problems.  Integrating mediation into the construction process encourages prompt recognition of problems, and improves the communication system that makes a job run smoothly and keeps problems from occurring in the first place.

Copyright 2003 David Neagley, AIA, Neutral Solutions