When there is a dispute on the construction site, construction mediation is a common method to settle it. Construction mediation involves two parties coming together with a neutral third party. This person is familiar with the laws and protocol surrounding the case, but not the case itself. In this short introduction to mediation, you’ll learn more about mediators and why some prefer them to court settlements.
Construction delay claims are usually simple affairs to resolve, and they require no more than good bookkeeping. Occasionally, simply providing papers to document your side isn’t enough. In those situations, claims can arise into larger disputes that may result in work stoppages or threaten severe financial difficulties. Mediation is important to resolve these disputes before both parties go to court.
Two parties sit before a neutral third reviewer, whose job is to listen to the case and make a judgment based on the facts presented. This person is familiar with case law, but not your case, so it’s possible to get an impartial judgment that is agreeable by both parties.
Mediators typically serve as a construction expert witness in trial, and usually have a good familiarity with construction laws. They may not be attorneys or judges, depending on the laws of your state, but they will have certifications. Their rulings are also binding, except for disputes that go to court.
The most important factor in choosing mediation is looking to salvage the project. You go to court when you have no other means to recover your losses, but mediation allows you to recover what you’ve lost and get back to work. A decision that works out for both parties involved.
For more than 30 years, Lyle Charles has helped construction outfits settle claims out of court using claim resolution and mediation services. Hire Lyle Charles to settle disputes, save money and get back to work.