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Message: Re: PACER digEcor
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Thanks silver ,

Following paragrapgs from 10 tips to make your mediation successful comes more handy at this time and increase odds of settlement.

Mediation offers the advantages of confidentiality, control and the opportunity to resolve differences before costs reach the stratosphere.

Since most construction claims involve multiple parties, it is vital that all of them take part in the mediation conference to make it possible to reach a settlement.

  • Act immediately: Upon settlement, prepare and sign a settlement memorandum.

    Each settlement reached during a mediation should be reduced to a written settlement memorandum. A written settlement memorandum is especially important in multi-party construction cases where agreed rights and obligations flow to and from numerous parties.

    Don't expect the mediator to draft the settlement agreement. Rather, the parties who have agreed to settle their differences and their attorneys are responsible for accurately reducing to writing the terms of the settlement. Prudent mediators will spurn invitations to draft settlement agreements, lest they become a party to a future mediation.

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