Construction contracting has never been easy. In the years passed it has become increasingly more complex as contractors and owners struggle to control risks associated with large-scaled projects. With private mediation being such an impressive means for resolving disputes, many people still do not understand what mediation truly is and the benefits that it can bring. Explained below is the process of mediation along with tips that will help you if you are considering mediation.
Mediation is a relatively painless process in which all of the parties associated within the dispute work alongside a mediator who acts as the middle man to resolve the entire conflict. In the case of mediation nobody wins or loses, it’s more or less a negotiation process to find a solution to the problem that best fits the needs of both sides. Without an arbitration panel or a judge involved, the control of the dispute is handled by both parties.
While mediation is often overlooked and disputants often skipping this stage to involve the court, they miss out on risk and cost control. These factors play an important role in the dispute as a settlement could be reached with minimal financial damage and time delays.
When considering mediation, here are some tips that will get you on the right track for finding the right mediator for you.
Don’t expect the same result from each mediator due to their varying levels of experience and views. Proven firms like Lyle Charles Consulting provide clients with clear details on how the entire mediation process will work along with creating a rapport with both sides while providing a mutual agreement.
Honesty and integrity must be upheld when it comes to the negotiation. Honesty will not only resolve the matter quickly but effectively as well. Your mediator needs to be consistent in his or her evaluations.
Successful mediations involve both parties continuously working to solve the problem. If it consists of sitting and waiting, the process will continue to be delayed. This doesn’t mean that the entire negotiation should be cut short as extreme moves and cash discussions don’t have the right amount of time to sink in. This could cause emotional distress and risky decision-making.
Your mediator needs to have a grasp on construction language as you want an expert to be able to handle all of the jargon being thrown around. A good tip is to hire someone who has experience in working with the construction business. Not just as a third-party but someone that knows the amount of effort you are putting into to your project.
Lyle Charles has over 20 years of mediation experience within the construction industry. From interim short term management services to business consulting, Lyle Charles can provide all the answers that your situation demands.