Every construction project presents a certain level of risk that contractual obligations will not be met by one or more of the parties involved, which in turn may lead to legal disputes that must be resolved with the assistance of a contractor lawyer in Lakeland. The more construction projects your company takes on, the greater the likelihood that you will be forced to recover damages through dispute resolution. Alternatively, the opportunity for claims made against your firm also increases, leading to necessary defense of your role in a project. In either situation, you need an experienced contractor lawyer in Lakeland to handle the details and determine whether litigation, arbitration, or mediation is the best choice based on the circumstances surrounding your case.
Construction Mediation and Arbitration
Arbitration and mediation are forms of alternative dispute resolution. They employ a neutral third-party, most commonly former judges or licensed construction attorneys, who assist in reaching an outcome. Mediation is often used as a first attempt at negotiations between parties, but if a mutual understanding cannot be met, traditional litigation may follow. Contrarily, decisions handed down through arbitration are typically binding. Rather than both parties agreeing to a resolution, an arbitrator or panel of arbitrators are presented with evidence from both parties, after which a ruling will be handed down based off of their understanding of the facts.
More and more disputes are using mediation and arbitration to reach a decision. However, mediation may not always prove to be mutually beneficial, making litigation a more attractive option. Where alternative dispute methods and traditional litigation vary is how the final verdict is handed down. With litigation, a contractor lawyer in Lakeland will present the facts of the case to a judge, who is required to make a decision based on state and federal laws. Whereas, an arbitrator may hand down a ruling that provides what they consider a fair outcome for all parties, a judge is limited to public policy.
Construction Dispute Attorneys at Cotney Construction Law
Trent Cotney has not only represented contractors, subcontractors, engineers, architects and many other construction professionals through arbitration, mediation, and litigation proceedings, he has also sat on many arbitration panels, leading to a deep understanding of alternative dispute resolution methods. In many cases, arbitration or mediation is a positive resolution method, but it takes a knowledgeable, experienced Lakeland contractor lawyer to look at the details to determine when litigation, while time consuming, will lead to a more beneficial outcome.
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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.