Whether parties attend voluntary mediation early on in a dispute before litigation ensues, or pursuant to court order after litigation has commenced, the importance of mediation cannot be understated. Starting out as a young lawyer, I thought mediation was something attorneys prepared for shortly before the mediation (such as preparing a confidential summary of the case for the mediator, selecting a few key documents to flash in front of the other side which would surely convince them to settle, and discussing the mediation process with the client beforehand). As a wise mediator once imparted to me, the seeds of success (or failure) of mediation are planted long before the mediation. Mediation of construction disputes presents many unique challenges. Construction cases, particularly ones involving construction defects, are usually document intensive and involve the potential for multiple parties. Sufficient development of the facts and having the right parties (including insurance adjusters and surety representatives) at the mediation is crucial for a successful outcome. Learning your case, or finding out an essential party is missing, at the time of mediation will likely result in failure. Having the right mediator, like Gary L. Brown, who not only sees the “big picture,” but also understands the nuances of a construction case, is of paramount importance to resolving disputes. Combining over two decades of experience litigating, arbitrating, and mediating construction disputes, Gary L. Brown is a skilled negotiator that understands all aspects of construction disputes, including insurance coverage issues that often drive the negotiations and determine the ultimate resolution of a case.
