Mediation can be an effective way to resolve construction disputes. Increasingly, however, parties treat the mediation session itself as the first opportunity to meaningfully address the key disputed issues, often resulting in an impasse, followed by arbitration or litigation. Based upon a survey of hundreds of construction law practitioners, this presentation will offer concrete recommendations regarding mediator preferences, mediation timing, pre-mediation preparation and communication, mediation structure, and post-mediation communication.

Julia Douglass is a shareholder in the firm of Fabyanske, Westra, Hart & Thomson, P.A., in Minneapolis, Minnesota, where she has focused her practice on construction law. Julia represents all parties to the development, design, and construction process on matters ranging across procurement and contract formation, insurance coverage, cost and time-related claims, and dispute resolution. Julia also counsels clients on best employment practices and risk mitigation strategies. Julia has published several book chapters and articles in the construction law area, focusing…