Originally from:
AAA Handbook on Construction Arbitration and ADR - 2nd Edition - Electronic
AAA Handbook on Construction Arbitration and ADR - 2nd Edition - Hardcover
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CHAPTER 22
THE EXPERT’S ROLE IN CONSTRUCTION MEDIATION
Richard W. Lamb*
I. Introduction
There are two general approaches to using experts in mediation: separate retention and joint, shared retention.
Under the former approach, the parties each retain their own expert to assemble information concerning the issues in dispute. The expert may also prepare various types of analyses to aid the retaining party in understanding the case, such as a “scheduling/delay” analysis, or an “accounting/damages” analysis. The expert’s role at the mediation is up to the party. The expert may either present the party’s claim or defense at the mediation, or act as an observer, advising the party in private sessions regarding the strengths and weaknesses of other parties’ theories, supporting documentation, and demonstrative evidence.
Under the shared retention approach, the parties agree to jointly retain an expert to provide information and prepare graphics on agreed-upon subjects, which information and graphics both parties expect to rely upon during the negotiations.
II. Why Use an Expert?
To achieve the necessary degree of familiarity with the facts prior to the mediation, data collection and specialized analysis must take place in a relatively short period of time. This must include an understanding of the relationship between the alleged cause and the alleged damages...
Richard W. Lamb, served as a senior vice president of Hill International, Inc., an international construction consulting firm from August 1997 through June 2009. Currently Mr. Lamb serves the construction industry as an independent consultant providing construction management and claims services.
