Drawbacks of Mediation on Public Works Projects

Don Owen is a Washington State based consultant who provides construction management and construction litigation support services to public owners, contractors, and attorneys. On July 2, 2008, the Seattle Daily Journal of Commerce newspaper ran an article written by Mr. Owen on some of the potential drawbacks of the mediation process.

Mr. Owen suggests that often the primary driver for settlement during mediation is how much it will cost each side if the mediation is not successful and moves to a lawsuit, rather than the merits of each position.

Mr. Owen has posted an expanded version of the article, The Mathematics of Mediation, on the website of his consultant business, Donald Owen & Associates, Inc. You can read the article by clicking here. On his website, he has also posted other articles he’s written on construction management.