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Bear Catching SalmonSometimes litigation can seem like the journey of the salmon. The salmon struggles and fights valiantly against the current, making admirable progress, only to be eaten by a bear. The "lucky" ones reach their intended destination, spent and exhausted by the effort, inevitably to die and be eaten by a bear. Do you feel like you are swimming upstream? Maybe you should consider an alternate route. Mediation can help.

Christopher H. DunaganHello, and welcome. My name is Chris Dunagan. I am a registered mediator. I have a lifetime of experience working in and around the construction industry, and my litigation and transactional law practice experience covers a wide range of construction, business and individual legal matters.

Litigation is expensive and the results uncertain. Even the most clear-cut case can be wrongly decided at trial or on appeal. Every case costs money, time and effort - win or lose. Fortunately, mediation is a fast-growing and effective alternative to litigation. Mediators help people resolve disputes out of court.

Mediation is a voluntary, confidential process in which the parties decide the outcome of their own dispute rather than asking strangers (i.e., a judge, jury or arbitrator) to decide the outcome for them. The mediator does not have authority to impose a settlement and any resolution of the dispute must be by mutual agreement. While often utilized to settle ongoing litigation, mediation can be effective to resolve a wide range of disputes before they ever reach the courthouse steps.

Typically, the mediation conference starts with a joint session between the mediator and all parties. The mediator will explain the process in an opening statement. Each party then gets an opportunity to tell its side of the story. The mediator continues meeting with the parties, jointly or in private, and uses a variety of communication and negotiation skills, together with the mediator's experience and instincts, to help the parties find common ground. Depending on the nature and complexity of the dispute, the mediation can last a few hours or several days. A skilled mediator can overcome many barriers to settlement and help the parties construct a resolution upon which all sides can agree.

The mediator's ability to build rapport with all parties to a dispute can be very important for a successful mediation. My personal background and experience help me relate to people from all walks of life, from the construction job site to the corporate boardroom. I grew up working with my father, a plumbing contractor, during summer breaks and school holidays. Those early lessons in hard work, integrity and other core values stayed with me as a lawyer in private practice representing residential, commercial and public construction owners and contractors, and as an in-house lawyer in corporate America. Most important to my work as a mediator, I have a passion for helping people achieve resolution.

Please take a moment to review my profile and do not hesitate to call on me if I may be of service to you. I look forward to meeting you.



Christopher H. Dunagan is a registered mediator, founder of the firm of Christopher H. Dunagan, LLC, former partner in the construction law firm of Phillips, Morgan & Dunagan, LLP, and former in-house counsel of Textron Financial Corporation.