Construction Dispute Resolution Services, LLC.

Description

printer friendly version BINDING MEDIATION DEFINING THE PROCESS Binding mediation is a relatively new form of alternative dispute resolution. It has finality similar to that of binding arbitration but first allows the Parties to work together, with the assistance of a trained, experienced and skilled mediator, to come to a settlement agreement that both parties should find to be fair and equitable. The process begins with the standard procedures of a basic mediation; without pleadings, discovery, subpoenas and the other formalities that are common to binding arbitration or litigation. The mediator has the freedom that mediation allows to the mediators; to talk to the Parties both collectively or privately as he/she deems to be appropriate. At a point where the mediator and all of the Parties feel that they have come to agreement on as many issues as is possible through the mediation process, the mediator will assist the Parties in executing and signing a final Mediation Settlement Agreement (pdf) to cover the issues upon which the Parties have reached agreement. If all issues have been successfully resolved, the binding mediation process will come to a close. If there are unresolved issues, after that Mediation Settlement Agreement has been completed, the mediator may immediately render his/her decision on the remaining unresolved items or he/she may request a review of the facts and information available on the unresolved items before rendering a decision on how the unresolved items will be resolved. The mediator may also request that he/she make a post-mediation jobsite visit prior to rendering a decision on the remaining unresolved issues. The decisions of the mediator are written up on a separate Mediation Settlement Agreement and signed by the Parties. Along with the other settlement agreement both Mediation Settlement Agreements are binding upon the Parties according to a Binding Mediation Agreement or a Binding Mediation Addendum that has been previously signed by the parties. If one of the parties is unhappy with the decision of the mediator and neglects or refuses to sign the Mediation Settlement Agreement, the Mediation Settlement Agreement shall be binding upon both Parties as the Binding Mediation Agreement or Binding Mediation Addendum that the Parties previously signed, obligates the Parties to be bound by the decision(s) of the mediator. Binding Mediation may be selected by the Parties through two different methods. The standard method is to sign a

Products & services

Similar companies nearby