Construction mediation is a highly-refined form of mediation, formatted specifically to address the complex business and process of construction. In this procedure, both parties select the mediator. He or she must possess knowledge and experience in construction in order to understand the nature of claims and defenses and to assist in the intelligent and just resolution of all claims?EUR??,,????'??+acceptable to both parties in a binding settlement.

Fact-based mediation, developed as a departure from conventional mediation techniques, was specifically designed to address the needs of the construction industry. Dispute resolution by fact-based mediation is intended to permit the parties to make informed business decisions, based on an independent and impartial fact evaluation. The mediator must be prepared to make an impartial, confidential assessment of the probable outcome and possible future costs should the parties elect to go to arbitration or litigation in the courts.

It is this kind of information that should enable and encourage the parties to make unemotional business decisions in support of their acceptance of the mediation process, and to participate in it sincerely, to assure its ultimate success in resolving their conflicts.

More than 20 years ago, a Connecticut based firm stated, ?EUR??,,????'??As in any mediation the parties and their attorneys must be absolutely convinced of the mediator?EUR??,,????'???s impartiality and complete lack of bias. This is particularly crucial in ?EUR??,,????'??fact-based mediation?EUR??,,????'??? wherein the mediator will be expressing a point of view about the weaknesses of a party?EUR??,,????'???s case when caucusing with that party. This devil?EUR??,,????'???s advocate role is its essence.?EUR??,,????'??

Mediation is an option that landscape contractors and others should consider when disputes loom. Studies show that approximately 90 percent of construction fact-based mediation has been satisfactorily resolved.

The procedure is relatively simple. After the parties have agreed on the mediator, and his or her compensation and costs (shared equally by both parties) a hearing date is set.Customarily, the claimant (or aggrieved party) makes the opening presentation. The attorney or representative may make a brief statement of the facts, the law applicable, and sum up the total monetary demand, along with the reasons why the claimant party?EUR??,,????'???s position should prevail and the respondent should not. Next, the respondent?EUR??,,????'???s representative may address the mediator similarly.

After both sides have opened their cases, the mediator will next meet privately with each party and their counsel in a series of caucuses, to focus and narrow the issues. The goal of these meetings is to encourage consideration of a compromise leading to an acceptable resolution and settlement.

The numbers were released shortly before LCN?EUR??,,????'???s press time.

Another worrying, end-of-year trend was a rise in wholesale energy costs led by a 17.9 percent jump in gasoline and diesel, the biggest increase since June 2000.

A 2 percent rise in wholesale inflation was another surprise. It followed four straight months of benign readings including outright big declines of 1.3 percent in September and 1.6 percent in October.

In those months, energy prices were falling sharply, a situation that reversed in November.

The 1.3 percent rise in core wholesale inflation, which excludes energy and food, followed a big 0.9 percent drop in October and was the biggest one-month gain since a similar 1.3 percent rise in July 1980.

In a development of special interest to contractors, the inflation increase was led by a record 13.7 percent jump in the price of light trucks, a category that includes sport utility vehicles. The price of new passenger cars rose by 2.2 percent.