Choosing the Right Construction Mediator

Not all mediators are equally equipped to handle the technical and legal complexities of construction disputes. Selecting the right neutral can make the difference between a stalled impasse and a productive resolution.

Key Qualities to Look For

• Industry Experience: A mediator should understand construction workflows, contracts (e.g., AIA, ConsensusDocs), and common project risks.
• Legal Background: Experience representing contractors, owners, or sureties ensures the mediator grasps the stakes on both sides.
• ADR Credentials: Look for training from reputable programs (e.g., Harvard’s Program on Negotiation) and inclusion on official rosters like the American Arbitration Association.
• Neutral Reputation: Past participants should describe the mediator as fair, patient, and skilled at facilitating dialogue under pressure.
• Technical Literacy: Ability to interpret schedules, change orders, and engineering reports without relying solely on expert testimony.

Why It Matters

A skilled construction mediator doesn’t just “keep the peace”—they help parties uncover underlying interests, clarify misunderstandings, and craft durable agreements that respect both legal rights and practical realities.

With affiliations to the AAA, Utah Court Mediation Roster, and the ABA’s Forum on the Construction Industry, Clark combines deep legal expertise with proven mediation techniques to guide parties toward resolution.