As long as there is a business involving more than one person, there’s going to be conflict.
In our previous article, we discussed why mediation is an effective tool in resolving construction disputes. However, there are specific situations in which mediation may not be the best method for solving an issue between two parties. Here are four reasons why mediation will not settle your dispute:
Both Parties Must Be Willing to Cooperate
It seems simple but both parties have to want a solution for mediation to work. The mediation process will provide both sides with information that supports their viewpoint on the conflicting issue. However, if one party comes into mediation with the expectation of simply pushing their agenda on the other party, mediation will not work.
Perceived Sign of Weakness
While some want to avoid litigation because of it’s inherent time and financial costs, others want to avoid it in order to avoid an unfavorable outcome. If one side perceives that the other side is selecting mediation for that reason, it could compromise the process. The sincere intent to resolve an issue has to be present. Otherwise, motivations will always be called in question.
A Legal Ruling May Be Needed to Settle a Dispute
While mediation is an effective way to bring two parties together, it’s not a formal legal proceeding. If a ruling needs to be made in order to resolve a dispute, going to court is unavoidable. If that’s the case, a Jacksonville construction attorney can represent your interests.
What Happens if the Dispute is Not Settled?
While mediation represents a cost saving over arbitration and litigation, the time and money that you invest in it is lost if a resolution is not determined. This is particularly true if the issue advances to arbitration or if one party sues the other. Of course, both parties may continue to hash out their differences. However, if they are at a complete impasse, a third party may have to create a course of action for them.
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.