With litigation being so expensive and time consuming, more and more disputes are being handled with Alternative Dispute Resolution (ADR). Not only are ADR techniques more cost and time effective, they are less damaging to the parties. Very little litigation cases leave the disputing parties with any kind of remaining business relationship.
As construction lawyers in Orlando, we encourage those in the construction industry to get a firm understanding of the different ADR techniques, to help with any future disputes. In this article, we will be discussing the technique of mediation.
What is Mediation?
Mediation is very similar to negotiation in many aspects. In fact, it’s the next step that is recommended for parties if the negotiation technique fails. Mediation is used as a way to resolve a dispute with the help of a neutral third party, commonly known as the mediator.
What Does the Mediator Do?
The mediator’s role is to assist the disputing parties with finding a mutual solution. This is typically done during a confidential, face-to-face meeting. The mediator will do their best to help the parties clarify all on-going issues, as well as assist them with identifying any possible options. However, a mediator will not impose a decision, as it is not a part of their job to give any legal advice to the parties. If a party wants legal advice, their best option is to contact a construction attorney in Orlando.
When is Mediation a Good Resource?
Mediation is particularly useful when the disputing parties are already prepared to negotiate in good faith and work together towards a mutual compromise. A good idea for anyone entering a contract is to include a “mediation clause” in the contract. This will necessitate the parties to try mediation before a lawsuit if a dispute occurs. If both parties agree, they can mutually decide upon their mediator with the assistance of their construction lawyer in Orlando.
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.