Construction projects can be quite large in scope, requiring the careful coordination of multiple parties to complete project deliverables on-time and on-budget. Of course, as you already know, construction projects hardly ever proceed so smoothly; competing schedules and priorities decimate project timelines and delays quickly spiral into costly extensions – costs that will eventually come due after lengthy legal battles that may incur even further costs.
Construction litigation and arbitration are the typical resolution tools of choice in the industry – with litigation being the more costly of the two, and arbitration offering a more timely, cost-efficient alternative. However, even arbitration can take many months to reach a final decision, making it a somewhat costly and cumbersome path for parties who prefer a timely and cost-efficient resolution.
Fortunately, there is an effective path to resolving project disputes: construction mediation.
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,, ,What is Construction Mediation?
Construction mediation is a private legal resolution process that relies on a single mediator to negotiate a settlement between the parties to the dispute in question. This mediator must be a neutral party with no vested interest in the outcome of the dispute. A good mediator should also have extensive experience in construction litigation with a working knowledge of the nuances of the particular scope of work in dispute (ie, sitework, steel, etc). If you are looking for an attorney to represent you in a construction mediation, please consider scheduling a free consultation with Joe Katz today to learn how he can leverage his expertise to your advantage.
Construction Mediation vs. Construction Arbitration
One of the main differences between mediation and arbitration or litigation is the fact that the mediator’s views are non-binding. The parties involved in the dispute are the main decision-makers in mediation, and it is ultimately up to them to reach a mutually agreeable solution. This severely contrasts the litigation or arbitration process – where the parties surrender that right to the power of the court or arbitrator.
As a result, construction mediation is far more solution-oriented than litigation – and even arbitration. Arbitration proceedings can take a year or more, while construction mediation may only take a day or two! This difference in time is a vital value proposition for stakeholders of a construction project, who likely wish to resolve the conflict without delaying the project further.
Maybe even more important, mediation increases the likelihood that the parties involved will maintain their professional relationships, and even work together in the future.
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This efficiency in conflict resolution offers a rewarding alternative to traditional (read, lengthy) legal disputes, making it especially appealing for parties who wish to maintain a professional, “team-player” reputation in the industry, while still achieving fair treatment under the law. If you are a stakeholder on a construction project and find yourself needing the services of an experienced construction mediator, please schedule a free, 15-minute consultation with Katz Law, today.