The Maryland Mediation Construction Law Deskbook has put forward a suggestion directed at the complexities of construction mediation. An Expert can be used to assist the parties at the joint session, and an Expert can also be used to advise a party privately during caucuses or breakout sessions. J. Snowden Stanley, Jr., Robert L. Wright & Adrian L. Bastianelli, III, "Mediation, Arbitration and Other ADR Techniques," published as Chapter 16 of the Maryland Construction Law Handbook (2012), published by the Maryland Institute for Continuing Professional Education of Lawyers, Inc. © 2012 MSBA and © 2012 Thomson Reuters (subscription required).
"An expert can also be used as a consultant to the mediator." When the Mediator is not versed in the technical subject matter, "the solution may be for the parties to agree to hire an expert to advise the mediator or serve as a co-mediator." Id.
This suggestion is equally likely to be useful in Mediations involving complicated Insurance issues of Coverage or of Good Faith vs. Bad Faith.
Mediation is a familiar subject particularly Mediation of Insurance issues. The author is a Certified Florida Mediator for Appeals, Circuit Court litigation, and County Court cases.
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