Mediation in Construction: How Architects & Contractors Resolve Disputes

In this episode of What The RFI, Matt Brennan delves into the often uncomfortable yet necessary topic of mediation in construction administration. He explains the mediation process and its importance in resolving disputes before they escalate to court and offers practical strategies for preparing for mediation. The conversation emphasizes the need for clear communication, emotional detachment, and thorough preparation to ensure a successful mediation outcome. Brennan also discusses the potential consequences of failing to reach an agreement during mediation and highlights proactive measures to avoid such situations.

Takeaways

• Mediation is a cost-effective alternative to court.
• A mediator facilitates communication between parties.
• Keeping emotions out of mediation is crucial.
• Preparation is key for successful mediation.
• Understanding the potential costs of mediation is important.
• Notify your insurance early in the process.
• Group-related change orders to simplify negotiations.
• Timely responses to RFIs can prevent disputes.
• Being organized is essential in construction administration.
• Proactive measures can help avoid the need for mediation.

Sound Bites

• "What is mediation?"
• "Keep emotions out of it."
• "Know your exit plan."

Chapters

• 00:00 - Understanding Mediation in Construction
• 03:00 - The Mediation Process and Its Importance
• 05:49 - Preparing for Mediation: Key Strategies
• 12:14 - Navigating Outcomes: What If Mediation Fails?
• 15:00 - Proactive Measures to Avoid Mediation

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