|
Visit our Dispute Resolution Resource Center
An essential element of construction claims litigation is a deep understanding of the dispute resolution process, and
particularly a strong grasp of the dynamics of negotiation and mediation. We believe that a successful mediation involves five key elements:
Systematically gathering sufficient information to support or defend a claim;
Selecting the right mediator for the dispute;
Timing the mediation to realize the best result for the client;
Developing strong and supportable themes; and
Providing a clear, direct and credible presentation
A recent example is the case discussed earlier involving an Owner’s claims against a defaulting and
terminated contractor and its surety in which Sam Wampler led a team in counseling the County Commissioners on the default and termination of the contractor for failure to complete the project on schedule. Mr. Wampler guided the County through rebidding of contracts for the completion/correction of the work, the ensuing litigation and finally mediation.
Mr. Wampler studied negotiation, advanced negotiation, and mediation at Harvard Law School through its Program of Instruction for Lawyers. For over ten years, he served as a Judge Pro Tem, Civil Law Settlement Officer, and Arbitrator for the Superior Court of California. He is currently Chair of the ADR Committee for the Columbus Bar Association and is also a member of the National Roster of Construction Neutrals for the American Arbitration Association. During his years with Bricker & Eckler LLP, Mr. Wampler has trained other members of the Firm in techniques to succeed in negotiation and mediation, with particular emphasis on the effectiveness of PowerPoint presentations and mediation strategies. He authors “ADR Corner” in ohioconstructionlaw.com monthly.
|
