There are few projects in the construction industry that do not experience some level of conflict during the building process. While most issues are minor and require informal conversations to resolve, others are more substantial and threaten to halt the progress of a project. When there are significant issues between project owners and general contractors, it’s critical to find an efficient solution that keeps things moving and preserves the relationship. One such method, mediation, provides the opportunity to resolve disputes quickly and without the costs and stress of options like arbitration or litigation.
Mediation is a form of alternative dispute resolution in which two conflicting parties meet with a third party to discuss the details of a specific issue and work to determine an amicable solution. In mediation, the third party does not make a ruling but rather facilitates discussion between the two parties. Jacksonville construction lawyers can represent you during a mediation. You can also hire them to serve as a mediator.
There are a number of reasons why mediation may be the best option for settling a dispute. Here are a few:
Mediation Focuses on Solutions
When parties enter mediation, they are focused on finding a solution to an issue. Both sides bring supporting information to the table and, with the help of the mediator, collaboratively determine a solution. Whereas litigation focuses on protecting legal rights and defending your side. Both sides are attempting to defeat each other rather than work together.
Both Parties Control the Outcome
Unlike arbitration or litigation, the ultimate solution lies in the hands of the conflicting parties and their ability to work together. No judgment will be handed down to them by a judge or arbiter.
Mediation Can Preserve Relationships
By design, a primary goal of mediation is to preserve the relationship between both parties. Cooperatively meeting to work through differences on an issue helps to ward off adversarial feelings. Once a dispute goes to litigation, the costs alone make it difficult to preserve a business relationship.
Mediation is Less Expensive Than Litigation
Mediation does not take place in a courtroom and doesn’t involve as detailed a discovery process as litigation. Uncovering basic facts to help both parties gain a better understanding of the case is typically what’s needed.”
While mediation is an effective way to solve conflicts, it’s not appropriate for all situations. To learn why mediation may not be helpful in your construction dispute, click here.
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.