New York City Lawyers — Mediation and Arbitration to Resolve Construction Disputes
Litigation can be expensive and time-consuming and can lead to delay and noncompletion. The lawyers at the New York law firm, Greenberg, Trager & Herbst, LLP, encourage clients to resolve disputes using alternative dispute resolution (ADR) techniques, where appropriate. Attorneys at our firm have acted as mediators and arbitrators of construction disputes, and have also represented clients in alternative dispute proceedings, affording us the valuable perspective of having experience on both sides of the table.
Contact our New York City attorneys for information regarding the use of mediation and arbitration to resolve construction disputes.
Arbitration is the more expensive of the two most common forms of ADR and can also be a more lengthy 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 written opinions and make decisions that are binding upon the parties.
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.
ADR Often Required by Contract
Many construction contracts stipulate that mediation or arbitration be used to resolve disputes, at least as a condition to starting litigation. Design professional agreements, in particular, are very likely to require alternative dispute resolution. Our lawyers are aware of the industry-wide trend toward requiring arbitration and mediation pursuant to contract agreements, and are well-versed in all aspects of the ADR process.