The construction industry is becoming increasingly complex and litigious. As a result, owners attempt to place a great deal of responsibility on the contractor. Contractors, on the other hand, are responding with exceptions to the contract terms and conditions. As you can see, contracting is not simple. With more complex contracts comes increased risks and potential disputes.
This is why your contract must be drafted to address whether your disputes will be handled through litigation or an alternative dispute resolution (ADR) method such as mediation or arbitration. A Ft. Myers construction litigation attorney from Cotney Construction Law can help you decide what is right for your project.
Do You Need a Ft. Myers Construction Litigation Attorney?
When people think about disputes many automatically envision angry parties headed to court to battle it out in front of a judge. However, this does not have to be the case. Many construction disputes can be resolved via ADR. Leverage your contract before a dispute ever happens by relying on an expert Ft. Myers construction litigation attorney to draft an ADR clause in your contract. Parties can agree in advance to handle disputes with mediation or arbitration.
What is Mediation?
Mediation is similar to negotiation and is a voluntary process. A skilled mediator works with parties to come to a mutually beneficial solution to their dispute rather than having a judge or arbitrator make the decision for them. Mediations are beneficial because they are less formal, faster, and a cheaper way to get your disputes resolved. Parties that want to preserve their business relationship or want to have greater control over their disputes fair much better with mediation.
What is Arbitration?
By far, the most common form of ADR is arbitration. Arbitration is a confidential and non-judicial process for settling disputes with an independent third party known as an arbitrator. The arbitrator hears the matter and makes a binding decision, which is enforceable through the courts. Arbitration is usually but not always less costly than litigation. Discovery may also be involved as well as appeals— although they are very limited. Entrust your dispute to a Ft. Myers construction arbitration lawyer from our firm. We have participated in numerous commercial and construction arbitrations administered by the American Arbitration Association (AAA), JAMS and private arbitrators.
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.