In part one of this two-part article, we discussed several myths surrounding the arbitration process that pertain to cost, effectiveness, and cooperation. Below, our Jacksonville construction attorneys will wrap up their discussion with a few more myths surrounding this popular alternative dispute resolution (ADR) method.
At Cotney Construction Law, it’s an honor to serve the construction industry and shed light on topics such as this. If you ever encounter challenges during a dispute that you or your company can’t overcome, consult a Jacksonville construction attorney from our law office. We’d be honored to assist you.
Myth Number Four: Arbitration Is Not Challenging
As a construction law firm, we’d be remiss if we were in any way misleading about the arbitration process. Make no mistake, arbitration is a challenging process that will test your resolve. Like litigation, your arguments will come under scrutiny and your skills as a contractor may even be brought into question. However, you must remember that, above all else, arbitration is a fair and logical process, especially when you bring in an independent arbitrator to resolve your dispute.
Myth Number Five: Arbitration Won’t Prevent Litigation
As mentioned in part one, arbitration can be as effective as litigation. The arbitrator’s final decision is binding unless otherwise stated in the construction contract. The construction contract is the most important factor in deciding how disputes play out. If you’re concerned with disputes, your contracts should include a clause that requires mediation or arbitration to be explored before litigation. To ensure that your contracts require an ADR process in the event of a dispute, turn to our Jacksonville construction attorneys for your contract negotiating, drafting, and reviewing needs.
Myth Number Six: Arbitrators Are Unfamiliar With the Industry
An understandable concern that contractors have is that the arbitrator will be unfamiliar with the industry, and, therefore, unfamiliar with the struggles that contractors and construction workers have to face. Once again, your contract should already designate an arbitrator that all parties can trust to be fair and honest.
Related: Involved in a Construction Dispute?
If you’re concerned that an arbitrator will be unable to see things from your point of view, consult the professionals from Cotney Construction Law. One of our Jacksonville construction attorneys can act as your arbitrator. Our legal team is dedicated to the construction industry, and most of our team have a background in construction. Who better to decide the outcome of your dispute than an experienced attorney from our construction law firm?
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.