While disputes in the construction industry have a tendency to escalate to a court of law, not every dispute needs to be resolved this way. Litigation is one way to reach a final outcome, but that outcome isn’t always amicable, and you can contaminate an otherwise beneficial relationship by relying on the law when a simple mediation session will suffice.
That said, it’s important to utilize a professional mediator who can listen to both sides, propose solutions, and maintain a sense of peace in the room while you and the owner figure out the best course of action moving forward. Hiring the wrong person to mediate your dispute can make matters worse, so consult a Tallahassee construction mediation attorney from Cotney Construction Law. Our attorneys have years of experience employing alternative dispute resolution (ADR) techniques like mediation.
The mediator should be attentive to the needs of both parties during mediation. Taking in all of the information being presented by either side takes practice. As each side takes their turn voicing their thoughts and opinions, the mediator will have to continuously reassess the issue and determine the best solution. They must also be able to identify emotions and falsehoods to keep the session impartial and void of pathos.
One of the main reasons why you should employ a Tallahassee construction mediation attorney to handle your disputes is the level of credibility that accompanies a person with a legal background. An attorney can provide clear, accurate, and professional instructions throughout the mediation process. Furthermore, they can help articulate complex matters and identify legal obstacles that may arise.
When you work with a Tallahassee construction dispute attorney, you don’t have to worry about your mediator being able to adapt to difficult personalities that don’t want to cooperate. Experience goes a long way during mediation, and a construction attorney will have likely already dealt with owners that asserted their stance and refused to budge. They may very well know the right things to say to reach an amicable outcome and avoid any further disputes.
Patience is crucial during mediation. It could take hours to even begin to resolve a conflict. Mediators must be patient and tactful to build rapport with both parties, even if one of those parties is a client. When a mediator lacks patience, they may lose the respect of one or both parties, and one party may feel as though they can sway the outcome by being uncooperative and wasting time. This won’t be an issue for a Tallahassee construction mediation attorney.
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.