Should You Go Through Mediation for Construction Disputes?

ISLANDIA, N.Y. - Dec. 16, 2019 - PRLog -- While no one ever wants to think about it, there are many disputes that may arise in the construction industry. Whether it is a breach of contract or another type of dispute, you may find yourself at one point or another facing litigation as a result. Few people want to spend their time and money tied up in a lawsuit, and if this is the case for you, you will likely want to determine how you can avoid it. After hearing about mediation, you may wonder if it is right for your dispute. So, what is the answer?

What is Mediation?

Mediation is known as 'alternative dispute resolution,' and it is meant to keep people out of litigation and out of the courtroom. During mediation, the parties involved will both agree on a mediator to use. Once the mediator is agreed upon, all parties will take part in a conference call in which everyone agrees on a time and date for mediation to take place.

During the actual mediation, the parties will meet together first, and then disperse into separate rooms. The mediator will meet with each group separately to discuss the dispute and try to negotiate. Complicated claims may have to go through this process for several days and could take quite a bit of time. Simple claims that are easily resolved, on the other hand, may not take that much time at all. Each case is different and the amount of time mediation will take will depend on the specifics of that case.

Is Mediation Worth it for Construction Disputes?

Some parties may want to go through mediation in order to reduce the necessity for litigation. Others may see it as a waste of time. So, is mediating worth it for construction disputes?

Unfortunately, there is no way to tell beforehand. If mediation is successful, it can save all parties involved a great deal of time and money that would otherwise be spent in litigation. However, if mediation is not successful, it is really just an additional step that will make a final resolution take even more time and more money. So, is there any way you can determine whether you should go through mediation before entering into it?

The only way to determine this really, is to speak to an attorney. A lawyer will be able to advise on all factors surrounding your dispute, and if mediation will help you through it. For example, if the other side has become stubborn and dug in their heels, it is unlikely that mediation is going to help because negation will be unsuccessful.

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