For many years, insurers have promoted the benefits of mediation as a means of resolving disputes between a design firm and its clients. We recently surveyed senior professionals at 250 design firms and found that no fewer than 40% of respondents who had used mediation to resolve a dispute considered the outcome unsuccessful. Is our confidence in mediation misplaced? Have we oversold its benefits?
I don’t believe so. Having seen thousands of design professionals looking down the barrel of professional liability claims, I can attest that the vast majority of disputants who go to mediation ultimately achieve a settlement. The oft-touted benefits of mediation over protracted litigation absolutely ring true. However, it is possible these benefits have been promoted so often that design firms have unrealistic expectations.