Question

What happens at the end of binding mediation in a construction dispute when there are one or more disputed items that remain unresolved?

Select one:

a. Either party may escalate the unresolved items to litigation.

b. Either party can request a new mediator.

c. The mediator renders a final and binding decision on those items.

d. The mediator must help the parties renegotiate the contract.

Answer 1

answer : c.  The mediator renders a final and binding decision on those items. Binding mediation is a new form of dispute resolution.   The process of binding mediation begins with basic mediation; without pleadings and other formalities common in binding arbitration or litigation. The mediator is free to talk to the parties both collectively or privately and come to agreement on the issues through the mediation process. If all issues have been resolved, the binding mediation process will complete. If there are unresolved issues even after mediation process, the mediator may render his/her final decision on the remaining unresolved items.