MEDIATOR BRIEFING SHEET

YOU HAVE BEEN SELECTED TO SERVE TO MEDIATE THE DISPUTE BETWEEN BETSY ROSS CONSTRUCTION COMPANY AND THE THOMAS JEFFERSON DEVELOPMENT CORPORATION IN THE MATTER OF COST OVERRUNS ARISING OUT OF A WORK STOPPAGE WHICH OCCURRED WHEN A SUSPICIOUS MATERIAL WAS UNCOVERED DURING EXCAVATION AT THE APPLE CITY SCHOOL SITE.(SEE CASE DESCRIPTION)

YOUR ROLE IS TO ASSIST THE PARTIES IN REACHING AGREEMENT ON WHO SHOULD ABSORB ALL OR PART OF THE COSTS. YOU ARE TO ACCOMPLISH THIS BY POINTING OUT THE STRENGTHS AND WEAKNESSES OF EACH PARTIES CASE AND THE ADVANTAGES OF SETTLEMENT, IF ANY.

YOU ARE NOT TO RESOLVE THE ISSUES FOR THEM OR ESTABLISH A POSITION EITHER WAY. YOU ARE SIMPLY TO FACILITATE THEIR EFFORTS TO RESOLVE THE ISSUE BETWEEN THEMSELVES.

IF ASKED HOWEVER, YOU CAN OFFER AN OPINION AS TO THE COURSE OF ACTION YOU WOULD RECOMMEND TO A COURT IF THIS MATTER WERE LITIGATED.

[Return to Exercise]

This entire exercise is copyright 1998 Dick Coughlin, All Rights Reserved.

Posted to ADR Resources by permission

This Website is by Stephen R. Marsh
Contact Information at:
http://adrr.com/smarsh/

I have marked in color (teal) areas where the third party's options and methods are defined by Dick Coughlin's approach.  I would encourage readers to consider the alternatives, advantages and disadvantages for each option and method (recognizing that the ones chosen by Dick Coughlin are the majority approachs and the fit the "standards" for the largest number of third parties).