Alternative dispute resolution (ADR) consists of many different forms, construction mediation being one of them. Construction meditation is used for owners, general contractors, subcontractors, engineers, architects, developers and material suppliers who need to settle disputes concerning a construction contract. ADR will provide the disputing parties with a way to discover a solution and amicably settle their discrepancies outside of litigation.
The construction mediation undertaking will allow each party to exhibit their side of the dispute. Construction mediation will involve a mediator, or neutral third party, who will employ different techniques to find a solution for both parties. The mediator will encourage both sides to have an open discussion on their dispute, and the mediator will invoke said discussion with open-ended questions, inquiries of evidence, or reframing. Different than the arbitration process, the mediator does not have the power to make a decision or a legally binding solution.
There are a few steps to take once both the disputing parties have established an agreement. The first step is for both sides to draw up and sign a settlement agreement or Memorandum of Understanding. This is needed to get the settlement acknowledged in a court of law. We thoroughly suggest that if you find yourself in the middle of a construction dispute, you seek the guidance of a skillful and accomplished Orlando construction dispute attorney.
BENEFITS OF CONSTRUCTION MEDIATION
Benefits such as speedier process times, more decisive power and control, and less costs are just a few of many bonuses to using construction mediation over different forms of dispute resolution.
SPEEDY PROCESS TIME:
Construction mediation helps to save time. Instead of waiting anywhere from several months to a few years for a judge to make a decision, like in a classic litigation case, construction mediation usually only lasts a couple of days. However, with more intricate disputes, it can take a longer for an agreement to formulate.
MORE DECISIVE POWER AND CONTROL:
Both sides are able to communicate their wants, concerns, and needs while going through the construction mediation process. This is beneficial to both parties, as they are able to confront their problems head on and come up with amicable solutions.
Another benefit to construction mediation is that it is less expensive than litigation. You will not have to pay court filing fees or any other corresponding costs other than hiring a mediator or an Orlando construction dispute lawyer to assist with your case.
We highly propose that you seek the help and capability of an experienced Orlando construction dispute lawyer when you are dealing with construction disputes. Construction mediation and other substitute dispute resolutions will allow the disputing sides to come to a beneficial result that is mutual for both parties, without the high cost of litigation. Cotney Construction Law is a group of Orlando construction dispute attorneys who have a combined experience of more than 15 years in representing contractors and other professionals in the construction industry.
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.