Construction projects are usually complicated and involve many parties. Because of these complexities, they often lead to disputes. Sometimes, these disputes require long court battles to resolve. While this can solve the problem, it is not always the most cost-effective way to do so. Alternative dispute resolution methods like mediation and arbitration can provide a better solution.
Mediation: a collaborative approach
When multiple parties have a conflict, it can be hard to approach the problem without bias. Mediation involves a neutral third party, the mediator, to remove this bias. Mediators help the disputing parties talk and reach a solution that is favorable to all. Mediation is voluntary, discussions are private, and the parties control the outcome. Using this approach helps settle disputes fairly without the need for construction lawsuits.
Arbitration: a binding resolution
Arbitration is more formal than mediation but less so than a court trial. An arbitrator or a panel of arbitrators can listen to evidence and make a decision. Arbitration is binding, so that decision is final. This process is beneficial because the arbitrators will have experience with construction law. Arbitration is also more flexible and is often faster and cheaper than court.
Choosing the right alternative dispute resolution method
Both mediation and arbitration can be beneficial for managing construction disputes.
Mediation generally costs less than arbitration and often ends faster than arbitration. However, arbitration provides a binding resolution quicker than a court case. Mediation allows more control over the outcome, while arbitration provides a definite decision.
Choosing the right alternative dispute resolution method depends on your situation and needs. Both processes save time and money and lead to better outcomes for everyone.
