What is the role of a mediator in a construction dispute?

A mediator is a person who is brought in to help resolve a dispute within a construction project. In Florida, a mediator is someone who is independent from the parties in dispute, and will help to objectively view both sides of the issue in order to help resolve the dispute. The mediator’s role is to facilitate an informal resolution of the dispute, usually with face-to-face meetings between the parties. During these meetings, the mediator will listen to each side’s arguments, provide impartial advice, and help them to reach an agreement that is acceptable to all parties. The mediator may suggest compromises, provide legal advice, and help the parties to clarify and define the issues. The process is confidential, and any information revealed is not admissible as evidence in court. The intention of the mediator is to help the parties resolve their dispute quickly without the need for legal action, saving them time and money. Once an agreement is reached, the mediator will draft a settlement agreement which will make the terms of the settlement legally binding. The mediator may also be asked to act as an arbitrator in the event that the parties are unable to reach an agreement. In this situation, the decision of the arbitrator is legally binding. Overall, the role of a mediator in Florida during a construction project dispute is to help the parties reach a fair and equitable resolution quickly and efficiently, without the need for a court hearing.

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