Construction mediation is a fairly normal process that occurs frequently. It’s not at all uncommon for a construction company to get sued over a dispute that is mostly out of their hands. Although, there are definitely cases where negligence is to blame, most disputes can be settled out of court with no fault landing on either side. Construction advisory services can help you sort through your files, gather evidence and file your claim. It might be a good idea to retain a professional if you plan to mediate a claim.
How Mediation Works
Mediation relies on an impartial reviewer to help come to an agreement that will suit both sides. The mediator typically has no vested interest in the dispute, but is familiar with the laws surrounding it. Parties will each lay out the evidence for their claim, and discussions can get heated. However, the largest advantage to mediation is that most professional relationships remain in tactic. Think of this process like business counseling, where both sides get to air their grievances. It ends up benefitting both parties.
A typical construction claims expert deals with contract disputes frequently. These disputes arise from a task not getting completed on time, or materials not arriving as they are ordered. These problems are not usually the fault of anyone in particular. It’s possible that weather, supply or other factors contributed to the shortage, but the dispute is there none the less. In these situations, a mediator will help both parties figure out what happened and how to split the differences of the damages. Although, each dispute is unique, the mediator will always seek the most amicable resolution.
The next kind of dispute arises from problems with workers. Perhaps there is an injury on the job, or there is a termination that is in dispute. The American system of labor disputes is somewhat patchwork, with various state and federal regulatory bodies clashing with union and non-union workers. The advantage is that the worker can settle out of court, and the company saves money in the process. Workers feel like they have a greater impact on the situation, like their voice was heard and changes were made. Companies also tend to pay less out of pocket for mediations, and have happier workers too.
Mediation isn’t just about corporate benefits. Both sides walk away from a mediation feeling validated, and usually with some damages to cover the costs at stake.
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Lyle Charles is a steel fabrication expert, and construction claims analyst who specializes in mediating and processing construction claims.