Mediating Disputes: Land Development and Construction

Abstract

There is a growing interest in the United States in alternative ways to resolve disputes. One of these is voluntary mediation, a unique approach. Mediation is particularly adaptable to resolving in‐process land development, construction, and related disputes. A major decision is whether a “third party” neutral, a mediator, should also have a formal legal background, or good general knowledge of the substantive or functional subject matter of the dispute. Civil engineers should take steps to allow for appropriate mediation procedures to be operative prior to the commencement of any design‐ or construction‐related litigation.