When you are involved in a dispute, litigation is not your only option. Alternative dispute resolution (ADR) methods can help construction professionals keep their projects on track. Mediation is a valuable tool for contractors, suppliers, and architects because it’s quicker, less expensive, and preserves relationships more effectively than litigation.
Counsel from a Wichita Construction Mediation Lawyer
Unfortunately, conflict is prevalent in the construction industry. People working together often disagree, and those disagreements can’t always be resolved without outside help. Most people think of litigation when a dispute comes up, but it’s a good idea to consider all your options.
A skilled Wichita construction mediation lawyer from Cotney Construction Law can advise you throughout the process. Mediation is often overlooked, but nearly any civil case can be mediated. The mediation process works by using a neutral third party, the mediator, to help the conflicting parties come to an agreement. The mediator possesses the necessary conflict resolution skills to guide the parties to a decision but does not decide the outcome. A lawyer on your side can provide legal counsel and advise you on the settlement offer.
What Is the Mediation Process?
Mediation is typically much quicker than litigation and may take only a few days. Due to the informal nature of mediation, not every case that is mediated will follow the same format.
The mediator will present the rules and goals of mediation. Then you and the other party will take turns explaining your views on the conflict without interruption. After the initial statements, the mediator will start a discussion between you and the other party. The mediator will lead both sides to begin thinking of ideas to resolve the dispute and then help negotiate a solution. A Wichita construction mediation attorney will advise you of potential solutions and whether to agree to a proposed solution.
If you can reach an agreement with the other party, the results will be recorded and the process will move forward. If an agreement cannot be reached, the mediator will review the issues and explain the future rights of both parties.
The next step may be arbitration or litigation, depending on the circumstances. In any case, one of our skilled attorneys can advise you of your best options.
If you would like to speak with a Wichita construction mediation attorney, please contact us today.
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.