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The Role of Mediation in Resolving Construction Disputes

By September 28, 2023May 6th, 2024No Comments

When you have a construction dispute, you don’t necessarily have to take that case to court. Instead, many construction disputes are solved through mediation. Understanding how this works, and the benefits it can provide for your situation, can help you decide if this is the option you want to pursue. Some contracts also require mediation as a first step, so you may need to pursue this option before moving forward with other remedies.

What Does Mediation Offer?

Mediation for construction disputes offers an opportunity for the disagreeing parties to come together and work to resolve the issue. A mediator, who is a neutral party, asks questions and guides the discussion, to assist both parties come to an agreement that’s acceptable. Small disputes can often be settled this way, while larger disputes might not be as easy. For many disputes, mediation can be a valuable tool that keeps the problem out of the courtroom.

Do You Need an Attorney?

While you can go to mediation without an attorney, it’s generally better to retain one for construction disputes and bring them to the mediation. This can help ensure that you don’t agree to anything that wouldn’t be in your best interest, and that you don’t misunderstand any aspects of the law that could affect the outcome. The mediator is there to guide the situation, and not as an advocate for either party, so you’ll need to retain legal counsel if you want to have an attorney present.

What if a Mediator Can’t Settle the Issue?

It’s not always possible for a mediator to help settle a construction dispute. Sometimes, one or both parties simply can’t come to an agreement that works for them. There may be too many potential concessions involved, or one party may believe very firmly that they’ve been wronged. This can produce a strong desire to get justice, which can mean other solutions or options aren’t going to be acceptable.

Whether or not mediation is required before pursuing the case further, it’s worth trying when you want to settle a construction dispute and move on with your life. Taking a case to court may take a lot of time and effort, so it’s natural to want to settle the problem, instead. Taking an attorney with you to the mediation may help resolve it, as it shows the other party you’re taking the situation seriously and will continue to pursue what you believe to be fair and just.

Work With a Trusted Construction Disputes Law Firm Today

Do you need an attorney for mediation of construction disputes? Have you worked with a mediator and have an unresolved issue that needs to be pursued further? If you’re looking for the services of a construction disputes law firm for either one of these situations, we can help. Get in touch with us today at Lanak & Hanna, and let us address the issues in your construction dispute, so you can have a successful resolution and move forward.

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