Usually, a construction project will take years to finish, employ hundreds of workers, and involve multiple contractors and subcontractors. With all of these layers, there’s a high chance that a dispute of some sort will arise. Resolving a conflict in an efficient way is essential for maintaining your relationship with the client because you must continue working together to see the project through. If you experience a construction dispute, our Fort Lauderdale construction mediation attorney can help you resolve the matter.
As an alternative type of dispute resolution, construction mediation is a voluntary process through which no party is obligated to agree to a settlement. Instead, a neutral, independent party called a mediator works to resolve the dispute by helping the parties communicate.
When the parties decide to hire a mediator, a hearing date is determined. They aren’t required to provide evidence or documentation to support their side of the dispute at that time. Next, the mediator organizes the negotiations. Through this informal, private process, the mediator guides the parties toward an agreement.
As a result, the parties mutually decide the terms of the settlement. The mediator doesn’t have authority to make binding decisions. However, the mediator will help the parties draft the settlement terms. Then, an attorney can prepare a contract based on those terms.
Although construction arbitration is another option for resolving disputes, it’s different from mediation. Mainly, it provides a forum for the parties to present their sides of the dispute to one or more arbitrators. They have the opportunity to present evidence, documentation and even witnesses to support their cases. Also, each side will be able to call into question anything that the other presents.
Another difference is that the neutral third party will decide how the dispute is resolved. After the cases are presented, the arbitrator will review each side and prepare a decision. For a binding arbitration, the court of law can enforce any award. If there’s any kind of dispute regarding the award, the court will carefully review everything to make a judgment.
The law office of Jonathan P. Cohen, P.A. can be your neutral third party during construction mediation. Our team specializes in protecting the rights of all parties involved while facilitating the resolution process. Call (954) 462-8850 or email firstname.lastname@example.org if you’re in need of construction mediation services.