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

Mediation is a form of dispute resolution used in construction law in Michigan and can be an effective way to resolve disagreements between parties. A mediator is a neutral third-party who facilitates communication between the parties involved in a disagreement. The mediator’s role is not to take sides or make any decisions on behalf of the parties involved. Instead, the mediator helps the parties identify areas of agreement and disagreement, so they can come to a resolution on their own. Mediation can be beneficial to construction disputes because it is less costly than litigation and can help the parties come to a resolution more quickly. It also allows the parties to work towards a compromise in a confidential setting. The goal of a mediator is to allow the parties to settle their dispute without a judge or jury making a decision. The mediator should be unbiased in his/her approach and remain impartial throughout the entire mediation process. The mediator should also have a thorough understanding of construction law and the dispute process, so that he/she can assist the parties in crafting an appropriate and legally-binding agreement. By the end of a mediated construction dispute, the parties involved should be able to come to an agreement that suits both parties without the need for a judge or jury to decide. Both parties should be satisfied with the agreement and feel that their interests have been addressed in a fair and equitable manner.

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