Mock Mediation

Title:Mock Mediation
Date:September 23, 2009
Description:The Donovan Hatem LLP Professional Practices Group and DH Consulting Group LLC, a subsidiary of Donovan Hatem, presented “A Mock Mediation: Owner vs. Design Professional, Part 2.” The first Mock Mediation was presented at a Donovan Hatem LLP Design Professional Roundtable in June 2008, at which the mediation objective was to sort out the responsibilities and damages. The audience decided the outcome/settlement range. Back by popular demand, Part 2 picked up where Part 1 left off where audience members were given the opportunity to assist in the settlement process. Background: The case involved alleged design errors and omissions, which were discovered by the Owner when the building was being repaired due to unrelated issues several years after the building was constructed. The mediation objective in this session was to settle this claim.

The mediation participants were:

Mediator Sue Yoakum, AIA, Of Counsel, Donovan Hatem
Owner Gwen Weisberg, Partner, Donovan Hatem
Owner’s Attorney Matthew Tuller, Of Counsel, Donovan Hatem
Owner’s Expert Michael Landry, P.E., DH Consulting Group
Architect Amanda Sirk, Associate, Donovan Hatem
Architect’s Attorney Eric Howard, Partner, Donovan Hatem
Architect’s Expert David Ponte, P.E., DH Consulting Group
Architect’s Monitoring Counsel Justin Jagher, Associate, Donovan Hatem

  • The session began with an introduction of the parties.
  • Each party – the Owner and the Architect – briefly summarized their claims and alleged damages.
  • The mediator presented the mediator’s proposal determined by the audience during the first Mock Mediation held in June 2008.
  • Next, the parties “adjourned” to private session to discuss the mediator’s proposal and acceptance or rejection of such proposal and why.
  • Finally, the session highlighted issues to cover when a claim is settled prior to the mediation adjourning.