Using Private Mediation to Settle a Construction Dispute

Written by: Lyle Charles

Summary: Private mediation for construction disputes can be highly effective at solving costly problems.

Litigation is a part of the construction industry, but the process is long and costly. Smaller crews stand to see even greater losses dealing with claims, because they don’t usually have the manpower to fight the claim and manage tasks at a work site. That’s why so many in the industry turn to private mediation as a method to solve disputes.

Why Mediation

Mediation solves a few important problems that trials can cause. For one, mediation is a lot faster than going to trial. Mediation is over within a few days, so you’re not standing around waiting on deliberation and hoping for a verdict. You’ll usually have an idea of where things are headed during the process itself. Having a neutral third party means that you can air your grievances honestly, which also means that both parties have a good chance of leaving mediation feeling satisfied with the outcome.

Mediation is good for scheduling, relationships and your budget.

What You Need to Know

A mediator is someone who has basic familiarity with the law surrounding your case. They will not advocate for you, but they may help you clarify a point you’re making. Their job is a lot like a counselor. They will also go over any documentation related to your claim and review it for accuracy. Their goal is to present a judgment that is fair to both parties, so don’t expect a large payout for damages if you win.

Bio: Lyle Charles Consulting is a firm that specializes in construction turnaround services for commercial organizations.