Work in the construction industry long enough and you are sure to experience a conflict at some point in a project. Construction work has never been a simple business, but it has grown increasingly complex and litigious. As a result, construction professionals must make certain that their contracts define how project risks will be controlled and outline how potential disputes will be handled.
Manage Disputes With a Little Rock Construction Mediation Lawyer
Projects require significant planning, but poor planning often leads to disputes. Construction contracts are an essential part of project planning because they can address potential disputes beforehand. A strong contract will contain some form of Alternative Dispute Resolution (ADR) that allows you to customize your dispute resolution process.
At Cotney Construction Law, we provide contractors, subcontractors, architects, and others with solid legal counsel and aggressive representation during disputes. A Little Rock construction mediation lawyer from our firm can draft the proper dispute resolution clause into your contract with options that control time and cost.
What Is Mediation?
Mediation can be thought of as a first step to resolving disputes, while arbitration can be thought of as a second step in resolving disputes. Although arbitration is by far the most common form of ADR, a dispute does not have to escalate to arbitration. With mediation and arbitration, your dispute can be settled out of court. Litigation, on the other hand, is seen as a last resort for settling a dispute and can involve a long, complicated, and expensive court process.
Mediation is a voluntary process (although some states may require mediation before escalating to a trial). During mediation, a neutral third party (mediator) will work with disputing parties to discuss a conflict in an attempt to work out a solution to a dispute that both parties can agree upon. Successful mediations are the result of parties who willingly cooperate and negotiate a positive solution to their problem. Expert mediators possess strong negotiating skills that help clashing parties reach an agreement.
Benefits of Mediation
Mediation is beneficial for several reasons. For one, it is a simpler, more flexible alternative to litigation than arbitration. Litigation can last anywhere from months to several years based on how complex a case is. Depending on the nature of your claim, mediation can help you resolve a conflict quickly without the extensive investment of time and money often required in arbitration or litigation. Mediation is also an informal process where parties have a say in the final, but nonbinding decision. This allows commercial relationships to be maintained during and after the disputes, and offers parties a flexible approach to dispute outcomes.
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.