Due to the highly competitive and risky nature of working in construction, our Tampa construction attorneys know that disagreements are bound to happen at some point in a construction professional’s career. At this point, parties will have to determine how they will resolve the issue at hand. Will you pursue a mediation or will you go straight to court? Many times, mediation is the first step in resolving a conflict. In this article, we’ll discuss the key elements that lead to a successful construction mediation. Visit Part 2 and Part 3 to learn more keys to mediation success.
Mediation is often viewed as the easiest and most preferred method of handling disputes, but a knowledgeable Tampa construction lawyer knows that the road to success is one that requires forethought and cooperation from everyone involved. Some of the advantages of a mediation include:
- Parties have more control over the entire mediation process including the final outcome
- Parties won’t have to attend a trial and await a judge or jury decision
- With mediation, an amicable resolution is more likely to be achieved
- Mediation is cheaper than a litigation
- Mediation is more efficient and less time-consuming
1. Before the Mediation
Preparation is an important key to a smooth mediation process. One of the first ways to ensure you are prepared is to draft a confidential mediation statement and provide copies for the opposing party. The purpose of this statement is to present your case with facts and evidence in order to convince the opposing party and their counsel to move toward a settlement. In the event that you do not settle during mediation, drafting your statement provides a firm foundation that will stand up in a court of law.
Who will attend?
It’s also a good idea to know who will attend and speak at the mediation. For example, a key decision maker may need to be there to support or speak on behalf of an individual or company.
Conduct a conference call
After submitting the mediation statement, sometimes more clarity is needed. A conference call can be conducted prior to the mediation to iron out any discrepancies and highlight any important information that would be beneficial to coming to a resolution.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.