Alternative Dispute Resolution
Construction mediation is one of the many forms of alternative dispute resolution (ADR). ADR provides disputing parties with a means to construct a solution and amicably settle their discrepancies outside of litigation. In general, construction mediation is used to settle disputes regarding a construction contract between an owner, general contractors, subcontractors, engineers, architects, developers, and material suppliers.
During the construction mediation process, each side will have the opportunity to present their side of the case. Unlike the arbitration process, during the construction mediation process, the mediator has no authority to make a decision or legally binding solution. Instead, by using a number of techniques, a mediator, or neutral third party, will attempt to resolve the issue at hand by encouraging discussions between the two disputing parties. Some of the techniques used during construction mediation include the mediator asking open-ended questions, asking for evidence to support a case, or reframing.
Once the disputing parties have settled on an agreement, in order for the settlement to be recognized in a court of law, a settlement agreement or Memorandum of Understanding must be drawn up and signed by both parties. If you find yourself involved in a construction dispute, we highly recommended seeking the counsel of an experienced Tampa construction dispute attorney.
Advantages of Construction Mediation
There are many advantages to construction mediation over the other forms of dispute resolution, which can have a positive effect on both sides of a dispute. Some of these benefits include quicker process time, lower costs, and more decisive power and control.
Quicker Process Time:
A typical litigation case can take anywhere from a few months to a few years for a judge to come to decision, whereas construction mediation typically will last between a day to a few days. In some cases, more complex disputes may take longer to come to an agreement.
Construction mediation costs less than litigation. There are no court filing fees or other related costs associated with construction mediation other than hiring of a mediator or Tampa construction dispute lawyer to help with your case.
More Decisive Power and Control:
The construction mediation process is designed to allow both parties an opportunity to express their needs, wants, and concerns, and develop a solution that not only addresses the issues at hand but is also beneficial to both parties involved, which ultimately leads to better results.
When dealing with construction disputes, it is highly recommended to seek the guidance and skill set of an experienced Tampa construction dispute lawyer. Alternative dispute resolution allows disputing parties to come to a mutually beneficial solution without costly litigation. The Tampa construction dispute attorneys at Cotney Construction Law have a combined experience of over 15 years in representing contractors and others in the construction industry who find themselves involved in construction disputes.
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.