Mediation is an alternative route for settling construction dispute cases. Mediation is becoming more and more popular because it’s cheaper, quicker, and less stressful than litigation.
1. Can My Case Be Mediated?
Many parties will skip over the thought of mediation, simply because they don’t think it it would work for their dispute. In reality, any civil case can go through the process of mediation. Mediation works especially well for those hoping to maintain a good relationship during and after the process, something that is important for those in the construction business. However, if you strongly believe that the other party should be found guilty in a courtroom, mediation is not the option for you. In this case, it’s best to consult with Tampa construction lawyers to determine your next move.
2. Do I need A Lawyer For Mediation?
While a lawyer is not required in mediation, having the help of construction lawyers in Tampa is always a good idea. You will be able to consult with your lawyer on any consequences of the mediation, and ask them any questions you have on settlement offers.
3. How Long Is The Mediation Process And What Will Happen?
Typically, mediation cases only take a few days, much shorter than litigation or arbitration cases. There is no formal mediation process, but the steps you take will be similar to:
- Opening comments from the mediator, along with the rules of the process and the goals of mediation.
- Each party will have the chance to describe the dispute how they see it, and there will be no disruptions from the other party at this time.
- After each party has their turn to speak, the mediator will usually start a mutual discussion with both parties present or each party separately to engage them with ideas to work out the issue.
- After the discussion, the mediator will bring both parties together to try to negotiate.
- If the negotiation is successful, the new agreement will go down in writing. The mediator will advise the parties to consult with their Tampa construction lawyer and then both parties will sign, pending their lawyers’ agreement.
- If the negotiation is not successful, then the mediator will go over the issues that were agreed upon, and advise the parties of their future rights going forward.
If you would like to speak with a construction lawyer, please contact us at 813.579.3278, or submit our contact request form.
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.