A mediation session took place on March 7 and 8, 2016. The mediation remains ongoing and involves legal counsel and representatives of the City, PCL, MMM, and Hardesty and Hanover, as well as the insurer for MMM and Hardesty and Hanover.
The purpose of the mediation is to negotiate a resolution of all known claims among the parties. However, subsequent mediation sessions may be required to deal with future claims. For example, the full consequences of the delay in the fabrication of the steel cannot be determined until the steel has been delivered. Any resolution of mediation would require City Council consideration related to settlement.
The mediation proceedings are confidential and so the City is not able to disclose the content of the proceedings. The City has retained independent expert witnesses dealing with fendering, steel fabrication, and schedule delays. A report regarding the results of the mediation will be brought to Council after the mediation has concluded.