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Why Mediation is Better than Trial for Settling Construction Disputes

Article Written by : Homes and Gardens

Contractual disputes are an unfortunate occurrence in construction, and the parties in such disputes often opt to go to litigation as a solution. However, litigation can be a costly and time-consuming option in any contractual dispute, and this is especially true in construction; an extended period of time before work can be completed or repaired can increase the cost of finishing a project. Private mediation can be a faster and less expensive option for disputes.

Construction mediation is different from litigation, and even arbitration, in that it does not create a win or lose scenario. Mediation, which is sometimes referred to as facilitated negotiation, helps to discover a solution that can benefit both parties without placing blame on one or the other. Negotiation also allows for a give and take scenario that litigation and arbitration do not permit. The ability to come to a comprise may lead to a satisfactory outcome for both parties and eradicate the hard feelings that could keep the two from working together on future projects.

The mediation process removes the need for any legal counsel in finding a resolution for a contractual conflict through the use of a professional from a construction consulting firm. A mediator from a third-party, such as Lyle Charles Consulting, can provide someone who understands the finer points of both construction and the types of contracts that are used in the process. Using such a qualified individual to unravel conflicts quickly and economically can result in both parties leaving pleased with outcome of the situation.