Large, Complex Construction Disputes: The Dynamics of Multi-Party Mediation - Chapter 71 - AAA Handbook on Mediation - Third Edition
Albert Bates, Jr. is Chairman of the Construction Group of Duane Morris, LLP, focusing on construction dispute resolution and domestic and international arbitration. Also an Arbitrator and Mediator, Mr. Bates serves on the Executive Committee of the Board of Directors of the American Arbitration Association and serves as the Chairman of the AAA’s Practice Committee. He is past Chairman of the AAA’s National Construction Dispute Resolution Committee. He also serves on the AAA’s National Construction Arbitrator Master Panel, and its newly created AAA Construction Mega Project and Master Mediator Panels.
L. Tyrone Holt is the Managing Principal of The Holt Group LLC, in Denver, Colorado. Mr. Holt provides professional construction arbitration and mediation services throughout the United States through his company, Western Neutral Services, LLC. He is Past-President and a Member of the Executive Committee for the College of Commercial Arbitrators; and a Life Fellow of the American Bar Foundation. He is a past Member of the Governing Committee of the ABA Forum on the Construction Industry. He is a co-editor and a chapter author of the book, Design Professional and Construction Manager Liability. He also serves on the AAA’s National Construction Arbitrator Master Panel and its newly created AAA Construction Mega Project Panel.
Originally from:
Albert Bates, Jr. and L. Tyrone Holt
I. Introduction
The mediation process can be a highly successful form of dispute resolution because it aims to minimize the costs, time, and disruptive effects inherent to litigation or arbitration. Through the right amount of negotiation and compromise, the parties involved can reach an acceptable resolution of difficult issues that avoids the time, expense and uncertainty of the binding dispute resolution mechanisms offered by arbitration and litigation. The purpose of this chapter is to identify some of the more typical characteristics of, and to address some techniques that may be applied to allow for, the effective mediation of large, complex construction disputes, focusing particularly on the dynamics associated with multi-party mediation.