How to Mediate a Construction Dispute
Written by: Lyle Charles
Summary: Mediation is the best method for settling legal disputes in construction.
Lyle Charles Consulting offers services to assist in the mediation of disputes in the construction industry. Cases range from personnel disputes, record keeping and materials. The one factor that is consistent is mediation. The act of mediation has long term benefits for all parties involved:
- Everyone feels like they have aired their grievances
- Each party receives compensation
- Mediated disputes tend to end amicably
If the relationship with your partners is valuable to you, consider mediating your concerns before you pursue a lawsuit.
Why Mediation is the Norm
The short answer is that mediation works, but there are more in-depth reasons why the majority of construction disputes head to mediation. Construction mediation is effective when two parties need to communicate, but it’s also an efficient way for courts to clear their dockets without costly trial time. Mediation may also be part of the contractual obligations that bind both parties.
Pre-Mediation
Mediation is not a simple process, and there is a lot of time before you enter the dispute where both parties gather evidence against the other. This process takes time, so it’s best to contact a construction consulting firm to help speed the process along. They know what documents are needed, and are able to process claims quickly so you can focus on your next project.
Lawyers and Mediation
Mediation is not something you’re likely to hear a recommendation from an attorney about. They tend to take an analytic approach to the case, assessing all facts before everything has been unveiled. The nature of mediations allows facts to come to light as the case develops. For this reason, it’s easier to solve disputes amicably.