Construction Law Blog

Most design and construction contracts contain “dispute resolution” provisions that require mediation, arbitration, or litigation. In this post we provide a reference chart identifying some of the differences, pros and cons among these three options. 

Most design and construction contracts contain “dispute resolution” provisions.  Some contracts state that the parties must “mediate” a dispute before “litigation” or “arbitration.”  Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator.  The mediator is not a decision-maker.  Rather, the mediator assists the parties through facilitating a negotiation.  Some mediators will offer their opinion regarding the likely outcome if the case isn’t resolved through negotiation.  Neither party can be forced to settle the ...