CONSTRUCTION MEDIATION • ARBITRATION • EXPERT TESTIMONY and REVIEW • EARLY NEUTRAL EVALUATION • CONFLICT MANAGEMENT and PREVENTION CONSULTING and TRAINING
IsenbergADR provides conflict resolution, prevention and consulting/expert witness services to the design and construction industry and its partners.
We wish to partner with the legal community and the insurance industry to develop creative conflict prevention and resolution strategies before disputes become claims.
Jay H. Isenberg, AIA is an industry professional (architect) and a member of the American Arbitration Association's Panel of Neutrals for mediation, arbitration and large complex cases.
WHAT IS MEDIATION?
Mediation is a creative settlement negotiation process facilitated by a neutral third party. This process is voluntary and confidential with the mediator having no authority to impose or decide the terms of any agreement. In mediation the parties develop their own terms of settlement.
The mediator does not represent either party nor give legal counsel. A mediated settlement agreement may affect a party's legal rights, so an attorney should be consulted prior to signing such an agreement.
My experience has shown that conflict in design and construction projects is generally not a matter of complex legal issues. Rather, it reflects a breakdown in communication among parties that began as a relationship in "good faith and fair dealing." (from Richard Sweet)
Mediation's Unique Advantages
Needles and a voodoo doll might be a natural first choice when projects start to break down and the parties lose the ability to communicate and negotiate with each other over various project issues. The mediation process when conducted by an experienced construction mediator provides distinct advantages and conditions suitable to help the parties either get a project back on track or bring about a settlement. These include:
* Self Determination of remedies
* Creative solutions (win-win)
* Relationship Preservation
While none of these are guaranteed through mediation, they certainly are not options in arbitration or litigation.