In episode 026 of The Civil Engineering Podcast, Chris Knutson, PE interviews a successful attorney and mediator, Ken Strongman on the basics of mediation and dives in on a couple of items associated with preparation for mediation and what to expect during the mediation process as an engineer.
Here are some of the questions asked in this episode:
- What is mediation
- How many parties can participate in mediation
- What does the environment look like in a mediation
- Who chooses the mediator
- What are the qualities of a good mediator
Quotes to think about:
Here are some key points discussed in this episode about How to Resolve Conflict In Civil Engineering Projects Through Mediation:
- Mediation is the process of resolving conflicts.
- Almost all professional service contracts have clauses for mediation
Mediation – you come together to craft the solution to the problem with the help of a mediator (may take 1-3 months)
Litigation – you go to the court and have a judge or jury solve your case (based on the court’s time schedule usually takes 5-6 years to come to resolution)
Arbitration – it’s a private judging with arbitrators making the final decision and there’s no appeal (you have control over the time schedule)
Four major steps for engineers in the preparation of mediation:
- Prepare yourself, your expectations, your realities, your intent, know what you want to communicate, know what your goals needs and interests are in a solution
- Do a risk benefit analysis of where you’re at in the process
- Understand where the best and worst alternatives to negotiate a settlement would be
- Develop some settlement scenarios: what can you live with, think outside the box
- Recognize that the other side has interests, goals and needs as well
- Prepare your attorney, define your issues with them, prepare a decision tree, find out how the attorney wants to represent and showcase you
- Prepare the opposition – their attorney, their adjusters, their decision makers
- Provide the decision makers all the information of what is really going on, and send copies of the mediation brief to other parties
- Prepare the mediator – educate the mediator
- Consider site visits and other pre-session preparations
Qualities of a good mediator:
- Able to build trust and confide in quickly
- Excellent interpersonal skills
- Patience and sense of humor
- Creativity in solving problems
- Able to think outside of the box
- Willing to do everything that he/she can to assist a settlement
Almost all disputes are initially communication issues, but mediation can help get the communication going again and help to keep your project back on track.
About Ken Strongman:
Ken Strongman is an attorney with over 14 years of experience and a growing national reputation as an attorney, mediator, and mediation trainer, who has successfully conducted more than a thousand mediations.
His major practice areas include business, securities, construction defects, real estate, insurance, technology/IT, intellectual property, employment, environment, energy, and trusts & estates. He is also a Judge Pro Tem. His degrees in Urban & Regional Planning (U.C. Davis) and Business Administration & Information Systems (Golden Gate Univ.) provide a solid basis for accelerated resolution of legal issues in these subject matter areas. He is also serves as a Mediator and Arbitrator for the Financial Industry Regulatory Authority.
Learn more about Ken Strongman
Sources/References:
Seller-Doer Academy website
Ken Strongman’s website
This episode is brought to you by PPI, the leader of civil engineering FE or PE exam preparations. Use promo code CIVIL for 20% discount at PPI2Pass.com/coach.
Please leave your comments or questions in the section below on your experience with mediation in resolving conflicts. We hope you enjoyed this episode of The Civil Engineering Podcast.
