Mediation is a popular form of alternative dispute resolution (ADR) that allows disputing parties to discuss their issues in private with the help of an impartial mediator. It is not the mediator’s job to decide who is right and who is wrong; instead, they attempt to conceptualize solutions that are in concert with each party’s needs. There may be some give and take, but the mediation should be conducted in a fair and balanced manner.
Many contractors understand the value of ADR techniques like mediation, but they fear that time will be wasted if the mediator lacks the power to enforce the solution reached in mediation. What they don’t realize is that mediation can be enforceable in the State of Florida, and a Tallahassee construction mediation attorney from Cotney Construction Law can help.
Mediation is Confidential
In the construction industry, certain disputes will inevitably end up in a court of law. It’s simply the way things work when millions or billions are on the line. Fortunately, not every dispute needs to be handled in the public eye. Mediation is a confidential and discreet process. Your business will never be leaked to the media as long as you don’t sign away your right to privacy. Protecting your reputation is just as important as protecting your bottom line if you want to experience sustained success in the future. The more disputes you can handle behind closed doors the better. Of course, if ADR doesn’t work, a Tallahassee construction dispute attorney can represent you in litigation.
Few Realize That Mediation Is Enforceable
Mediation takes a measured approach to dispute resolution. Both parties are supported equally to hash out their differences and reach a consensus. The mediator will help guide this discussion and help both parties navigate any roadblocks that arise during deliberation. Communication between two disputing parties can be stilted, and may require some encouragement from an experienced mediator, but once an agreeable resolution is reached, both parties will be better off than when mediation started. What few realize is that the agreement reached through mediation can be enforceable with the help of a Tallahassee construction mediation attorney. An attorney can draft a binding agreement in writing for both parties to sign. This document will be enforceable in a court of law.
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.