On behalf of Kadish & Associates Law Group posted in Construction Litigation on Friday, March 20, 2020.
Many construction contracts have clauses that require disputes to be handled through alternative dispute resolution (ADR) methods. One of these is mediation. No matter which side of the matter you’re on, you need to fully understand what this means, so you’ll be prepared if you need to use it.
When you go through mediation, you and the other party work with each other to resolve the matter. There is a third-party mediator present to help you keep things moving in the right direction, but they don’t dictate the terms of the matter.
You need to go into the mediation session ready to negotiate. You should have an ideal solution in mind, but you must be willing to compromise. The other party will likely have their preferred resolution in mind, too. Finding the happy medium is the goal of this process.
Many people appreciate that mediation usually provides a faster and less expensive resolution to these matters. How long it takes depends on how much you and the other party are willing to work toward a mutually agreeable ending.
One thing that you must do in these cases is keep calm. Becoming upset will work against the ultimate goal, and it might mean you miss a good resolution.
In the event you can’t reach a mutually agreeable resolution, the case will move to either arbitration or the court will become involved. You have to chose one or the other because you can’t do one and then move onto the other if it doesn’t work.
Ultimately, you have to determine what’s in your best interests. Keeping that as your focus during the process may help you to get what you need.