Use Of Mediation And Arbitration To Resolve Construction Disputes
In the construction industry, lengthy delays take more than time, they use valuable resources and can be extremely costly. Alternative dispute resolution can offer a more concise, less costly option for owner-developers working on strict budgets and timelines. Our attorneys have over 100 years of combined experience in this field, managing legal issues like yours and can guide you through your options in a comprehensive, well informed manner.
What Is Arbitration?
Arbitration is the more expensive of the two most common forms of ADR and can also be a lengthier process. It employs one or more qualified arbitrators, often members of the American Arbitration Association, who is charged with hearing and deciding the matter. It is the more formal method, with arbitrators who act as judges, issue the written opinions and make decisions that are binding upon the parties.
But even with the formality of this alternative dispute method, it often results in quicker resolutions for your business without the costs of going to trial. It may prove beneficial to speak to our attorneys to determine whether arbitration is right for your specific circumstances.
What Is Mediation?
Mediation involves a meeting with a neutral mediator who tries to assist the parties in resolving their dispute. It is a relatively informal way for the parties to resolve the dispute themselves. Our attorneys can conduct the mediation, act as counsel or recommend a mediator. This approach to dispute resolution usually is relatively inexpensive and less time-consuming than arbitration. The role of the mediator is to facilitate discussion and help the parties themselves arrive at a resolution.
While most mediation sessions result in nonbinding decisions, binding mediation is an option. Speak to our experienced attorneys to find out whether alternative dispute resolution is for you, and whether one particular method would prove most beneficial.
ADR And Construction Contract Requirements
Many construction contracts stipulate that mediation or arbitration be used to resolve disputes, at least as a condition to starting litigation. Our lawyers are aware of the industry-wide trend toward requiring arbitration and mediation pursuant to contract agreements, and we are well-versed in all aspects of the ADR process.