How to prepare yourself for mediation

Written by Lyle Charles

Construction mediation can be an effective way for parties to come to an agreement, by receiving assistance from a neutral party who will assist during the negotiation process. However, for mediation proceedings to be effective, it is important for both parties to prepare for the process. Here are some tips on how to prepare for mediation.


  1. Both parties and representative should be present and have authority to resolve the dispute –If parties have the authority to offer a deal, the mediation process will be quick and trouble-free.
  2. Expect the unexpected – Most often mediation will bring to light new information and developments. Look at these instances as opportunities and do your best to work around them.
  3. Listen – It is always best to focus on the problem and not on the people associated with it.
  4. Tactics – Since mediation is not litigation, tactics used in litigation may seem harsh and offensive.
  5. Be prepared for mediation – Consider what you can offer and the alternatives. Construction delay claims are the main reason why construction firms consider mediation. Therefore, knowing how far you are willing to go, will help for a quick and easy settlement.
  6. Be imaginative – You may find that mediation provides for more varied answers to a problem. Therefore, be open to thinking outside of the box and turn constraints into opportunities.

Experts, such as Lyle Charles provide a professional opinion and a complete construction claim analysis for contractors looking for a construction expert witness with a construction background.