TEAM MEDIATION

Large construction defect cases can be so slow, cumbersome and expensive to mediate that even the nightmare of conventional litigation can begin to look good to the parties involved.  A large portion of the blame for this situation lies with the use of a single person to handle a large and complex dispute resolution process.

Construction work comes in many shapes in sizes, but the projects that typically generate large CD cases are large construction endeavors.  No one-person construction firm, architectural firm, or construction management firm would ever consider taking on a large project such as this, and yet when things get really complicated the mediation process typically relies on just a single person to sort everything out.

Team Mediation, on the other hand, assembles a select group of dispute resolution professionals to work with the many parties and the multiple issues that make up a large construction defect case.  These ADR professionals are chosen to match their knowledge and expertise with the areas of need in each case, allowing a more thorough and “custom-tailored” approach to the problem.  By using different ADR specialists for different areas of the dispute resolution process, the participants are able to receive assistance that is addressed specifically to their issues of concern.

Subdividing the dispute resolution process also makes it possible for the first time to bring the values and benefits of a smaller mediation process to the large and complex case.  This is in direct contrast to a typical CD mediator’s focus primarily on insurance availability, a focus that fails to take into account the underlying issues that are involved in the case.  The end result with Team Mediation is greater control of the process by the participants, more equitable solutions, and greater satisfaction with the results.

This innovative mediation process can be readily adapted to the complexities of a case in several ways.  First, selection of the dispute resolution team is done to specifically address the technical defects , management concerns, and/or legal issues that are involved in that case.  This custom-designed ADR team can then employ a wide range of ADR tools to solve different problems.  Some portions of a case may be separated out and resolved by the parties through negotiation.  Other issues may be solved by the parties through mediation.  And finally, any remaining issues that the parties are unable to mediate can be resolved by arbitration.

As a result, team mediation is a process that can address complex cases and multiple issues much more quickly and in greater detail.  The parties to a CD case no longer have to sit and wait (often for hours, sometimes for days) for their five minutes of time with a distracted and rushed lone mediator.  With Team Mediation the parties will be able to spend their time resolving issues, understanding their role as well as that of the other parties, and developing strategies to improve their work and build more successfully.

Copyright 2003 David Neagley, AIA, Neutral Solutions