Preparing for construction mediation

Mediation is one of the simplest processes in negotiation proceedings. However, it is important that the parties and their representatives are prepared for the process to ensure that the negotiations are quick and effective. Lyle Charles Consulting suggests the following tips to help you make the most of mediation proceedings.

Be present – Ensure that parties and their representatives can be present at the meeting at the specified time. If logistics are an issue, look at video conferencing or teleconferencing.

Expect the unexpected – Often new information will come to light at mediation, therefore be prepared with multiple options if such as issue arises.

Listen – Mediation works best when people avoid taking the issue personally and focus on the problem and reaching a solution.

Watch those tactics – Some tactics in mediation are similar to those used in litigation, therefore if you are borrowing from litigation methods, ensure your tactics are not offensive.

Alternatives – Spend time on discussing alternatives and “what if’s” in advance.

Be imaginative – Construction mediation brings out creative methods of handling a situation, therefore be open to new ideas and be ready to think out of the box.

Watch yourself – Present your presentation so that it is perceived as productive to open communication channels and reduce defensiveness.

Material – Be prepared with documentation that is necessary to understand the issues, costs and time constraints faced by you and your team.