It is not uncommon for a construction contract to contain a dispute resolution section that typically requires the parties to mediate a dispute and, if mediation fails, they either arbitrate or litigate the dispute.

Chapter 154 of the Texas Civil Practice and Remedies Code outlines various alternative dispute resolution procedures available to parties.  Of the

Construction contracts routinely require parties to mediate as a prerequisite to arbitration or litigation.  Even if the contract doesn’t require mediation, many judges will still order parties to mediate before going to trial.  While some disputes are resolved in mediation, too many times parties leave the mediation thinking it was a waste of time.  Despite