Patrick Kingsley of Stradley Ronon Stevens & Young. Courtesy photo Consider Binding Mediation for Your Persnickety Construction Disputes
As the old saying goes, "Sometimes it is more important for some things to be decided than to be decided correctly." As the saying recognizes, the efficiency in achieving resolution is sometimes just as important as the substantive resolution itself.
May 04, 2023 at 01:16 PM
8 minute read
Construction
If you consider the phrase "binding mediation" to be perplexing, you would be in good company. One of the first cases in the nation to address the enforceability of such a provision found the concept to be "oxymoronic," "inherently ambiguous," "misleading," "self-contradictory," "deceptive," and, therefore, ultimately unenforceable. See Lindsay v. Lewandowski, 139 Cal.App.4th 1618 (2006). So should this novel concept be thrown into the dustbin of failed legal innovations? Based on my experience, the answer is "no!" On the contrary, it is exactly these dichotomous traits that make binding mediation so effective if used in the right circumstances.
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