Our Tampa construction lawyers understand what it takes to resolve construction disputes so we’re sharing some tips should you ever find yourself enthralled in a construction-related conflict, this three-part series will provide you with expert tips to lead you down the road of success. Visit Part 1 and Part 3 to learn more.
2. Select the Right Mediator
The mediator you select will have an impact on the mediation journey. Keep in mind the personality of the mediator. You’ll want someone that is aggressive yet, you want a mediator who has strong interpersonal skills. Everyone involved should feel safe with the mediator and also know that the mediator is strong enough to guide the resolution process. Mediators should possess superior knowledge in laws that affect the construction industry and they should have a good amount of experience handling construction disputes. Once you select your mediator, trust them to lead both parties to the best possible solution.
3. Be Patient and Listen
Patience and listening skills seem like elementary basics; however, in the heat of a dispute, these virtues are often forgotten. Both parties need to not only be prepared to present their side of the story but should be ready to listen intently to the side of their opponent. This allows both parties to get an understanding of where the other is coming from and can help facilitate an agreeable resolution. A “win at all cost” mindset will on agitate the process and would fair better during a litigation.
4. Be Flexible
A major part of being prepared for litigation is to have a settlement in mind but this doesn’t cancel out the need for flexibility. If a party is rigid in their settlement, this will not give room for parties to explore creative ways to settle the dispute. What is understood prior to the start of the mediation process may be altered once parties are entrenched in the process. Parties may find that upon analyzing the situation with a mediator, they are able to explore other valuable remedies.
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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.