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The majority of construction disputes are settled during mediation sessions rather than in court proceedings.  If you find yourself in need of mediation for a construction dispute, consider the following tips:

Choose Your Counsel Carefully

While the main goal of mediation is to settle the dispute in a manner that is agreeable to both parties, you want to be sure to choose counsel that will most benefit you.  If the defendant is a large corporation, you can guarantee that the defendant’s counsel will be knowledgeable of all aspects of the field of construction, and you want your counsel to be experienced as well.

Choose the Mediator Carefully

When choosing a mediator, you’ll also want someone who is experienced with mediation directly related to not only construction but also the specifics of your case.  In addition, look for the following characteristics in your mediator.

• Able to establish rapport with both parties to put everyone at ease
• Willing to see the matter through without eyeing the clock if being paid by the day
• Interested in the details of the case rather than indifferent
• Committed to resolving the dispute

If you’re allowing the defendant to choose the mediator in an effort to make mediation go more smoothly, be sure to thoroughly research the mediator before the session begins.

Be Prepared With Excellent Fact Witnesses

As with any hearing, witnesses can make or break a mediation session.  Especially in cases when counsel on both sides is evenly matched, the side with the best witnesses wins.  Make sure that your fact witnesses are well prepared and able to present the evidence for your side in a compelling and believable manner.

Be Brief During the Joint Session

As most mediation sessions begin with a joint session during which both parties will present their side of the dispute, be brief and to the point during your turn.  The basic facts are already known by each party and its counsel, and you will have ample opportunity to present all of your facts and proof later during the session.