Among the many challenges you can face in the life of a construction project, conflict is among the most damaging. Whether it’s between owners and contractors, contractors and subcontractors, or contractors and material suppliers, when disputes happen, progress slows and money is lost.
While disputes happen often, there are a number of methods available to help resolve conflicts. Litigation, arbitration, and mediation are primary methods for solving disputes. While litigation and arbitration call for an independent third party to settle a dispute, mediation allows the disputing parties to determine the best solution to their issue. A Fort Lauderdale construction litigation attorney can guide you through all forms of alternative dispute resolution as well as litigation if needed.
What is Mediation?
In mediation, disputing parties meet with an independent mediator who gathers information from both sides and makes recommendations to meet their needs. The mediator, while a third party to the conflict, does not render a judgment. Rather, they work as a problem solver seeking viable solutions for each party. When both parties determine a mutually agreeable action, they must sign a Memorandum of Understanding for the decision to be recognized by the courts.
Benefits of Mediation
The Conflicting Parties Determine a Solution: Other forms of dispute resolution take the solution out of the hands of the conflicting parties and hand it to someone who may not understand the complexities of the project. With mediation, both parties discuss their sides of an issue in order to negotiate a solution.
Preserves Business Relationships: Litigation and arbitration are adversarial by nature. Both sides are attempting to sway a third-party to only see their side of an argument. It’s difficult to maintain a business relationship once it’s done. In mediation, because both sides are attempting to work together for a common good, the likelihood is greater that the business relationship will be preserved.
Mediation is Faster and Cheaper: Since mediation is essentially a negotiation process rather than a legal process involving discovery, less time is spent overall. With less time being spent, less money is spent. The process can be even more efficient with the help a Fort Lauderdale construction mediation attorney, who can represent your interests.
What if Mediation Doesn’t Work? Talk to a Fort Lauderdale Construction Arbitration Lawyer
If you are attempting to mediate with a party that doesn’t want to compromise, it’s time to talk to a construction arbitration lawyer in Fort Lauderdale. Our lawyers will help build a compelling case that can help you achieve a positive outcome.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.