Gary Morgerman
Articles and Video:Every mediator has their own style within the standard format. Sometimes, however, events dictate a change in the format as well. And sometimes, when the right ingredients are present, the mediator can 'cut to the chase' and get the job done and thereby reveal how efficient and cost-effective mediation can be when some of its ritualistic, excess baggage is tossed overboard. 1 Comment Construction Mediation at the Extremes - Peaks and Pitfalls When I had my mediation epiphany in the early 80's, community mediation was the only game in town. If you want to ply your trade and hone you skills you have to go where the action is. Soon I was doing one, sometimes two mediations a week. Back then construction mediations were few and far between. One year I mediated all the construction cases at one of the AAA's NYCity regional offices: three! It Ain't Over 'Til It's Over Every successful mediator knows that patience is not only a virtue, it is a must. And those who mediate construction disputes also know that nothing rings truer than Yogi's most oft-quoted sportism: "It ain't over 'til it's over." Winning at Construction Mediation No matter the route taken, if a party finds itself involved in a mediation, it should mediate to win. Yes, win! Mediation purists may be taken back by the suggestion that one side or the other should try to win an encounter that is not supposed to be a contest. 2 Comments A Tale of Two Slabs Two owners were each trying to resolve separate disputes over the most fundamental structural component in a building, its slab on ground. For one it was the worst of times. He paid $100,000 to learn what every construction professional knows: nothing is perfect, especially when it comes to a slab on ground. For the other it was the best of times. He learned the same lesson for only $1,000. Anatomy of a Construction Mediation In construction mediation, the mediator must be prepared to abandon the traditional role of not making suggestions or judgments. In order to be optimally effective, the mediator must have expertise in construction and construction claims and experience in arbitration and litigation. The non-traditional mediation described in this article follows a technique developed by Kenneth R. Feinberg, the court appointed Special Master who successfully mediated the Agent Orange, Dalkon Shield and Shorham cases, among others. Fact-Based Construction Mediation Almost 20 years ago Marcus Associates, a Connecticut based firm, introduced “Fact-Based Mediation for the Construction Industry," a new technique for both mediators and the construction community. This article explores this adapative form of mediation. You Get the Mediator You Deserve - A Personal Perspective If I were you and had to select a mediator for a specific commercial dispute, say one involving construction issues, I would select me. Let's get that out of the way before I give you all the reasons why a well-trained, experienced mediator with expertise in the subject matter of your dispute is best suited to help you resolve it. But finding such a mediator is not a crap shoot. You get the mediator you deserve! Construction Mediation Really Works The use of mediation to resolve disputes between members of the construction community is finally taking hold in the industry as word of its effectiveness, efficiency and economy spreads. Following is the story of a construction mediation mediated by Construction Mediation Inc in New York City. Construction Mediation: After 20 Years, Poised at the New Millennium Mediation is fast becoming, and soon will be, the prime forum for resolving construction disputes. This article explores the recent dispute resolution history of the construction industry in the USA.  |
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