||The Donovan Hatem LLP Professional Practices Group and DH Consulting Group LLC, a subsidiary of Donovan Hatem, presented a mock mediation to facilitate the resolution of responsibility for technical issues that the Owner believed were caused by the Design Professional. The case involved alleged damages from errors and omissions by the Designer, which were discovered by the Owner when the building was being repaired for unrelated damages several years after the building was constructed. The mediation objective was to sort out the responsibility and damages. The audience decided the outcome.
The mediation participants were:
Mediator Sue Yoakum, Of Counsel, Donovan Hatem
Owner Eric Cohen, Associate, Donovan Hatem
Owner’s Attorney Douglas Marrano, Partner, Donovan Hatem
Owner’s Expert Richard Treseler, DH Consulting Group
Architect Michelle Moshe, Of Counsel, Donovan Hatem
Architect’s Attorney Duncan Cameron, Partner, Donovan Hatem
Architect’s Expert David Ponte, P.E., DH Consulting Group
The mediation began with an introduction of the parties and the rules of mediation.
- Each side – the Owner and the Architect – briefly presented the facts and the defenses, including the damages they were each seeking.
- Next, the parties “adjourned” to private session wherein the Mediator met with each party to review the facts, including any weaknesses in their case/defense, to evaluate their damages, and to discuss demand and offer from the parties.
- The Mediator then turned to the audience to review the demands and determine where we should go next. We looked to our audience to recommend a settlement amount.
- Finally, the session highlighted issues to cover when a claim is settled prior to the mediation adjourning.