Reasons Why Mediation Is Good For Resolving Construction Disputes

Reasons Why Mediation Is Good For Resolving Construction Disputes

Image courtesy of adamr / freedigitalphotos.net

Construction projects are often magnets for conflict.  Whether it’s a disagreement between the property owner and contractor or the contractor and sub-contractors, the money and time commitment that are often involved in both small and large-scale construction projects create multiple opportunities for conflict before, during and after a project’s completion.  This is why mediation as a form of Alternative Dispute Resolution in construction disputes can be such a useful tool.

A mediator with expertise in construction mediation will be able to assist with conflicts related to contract review, occupational safety, risk management and labor disputes.  The right mediator will be able to demonstrate expertise and experience in mediating disputes among all construction industry personnel, including owners, contractors, sub-contractors, architects, engineers, insurance companies, manufacturers and suppliers of materials used in construction projects, equipment suppliers, mortgage and construction loan lenders, consultants, accountants and building code officials.

When a contractor or construction company’s reputation is on the line, extensive litigation through a civil lawsuit is the last thing most business owners want.  Litigation is a very public matter and can ruin a company’s reputation that has taken years to build.  This is another reason why construction mediation is so successful—when a dispute is settled out of court, it is often in everyone’s best interest.  Mediation is confidential, private and ensures that the final decision regarding settlement remains in the full control of the parties in dispute.  No judge or jury will determine the outcome of your case and there will be no public record of the details of the dispute.

With the right mediator, parties involved in a construction dispute can settle their conflict quickly and efficiently, without spending a lot of time and money to do so.  The best part is that mediation is non-binding.  This means that if you are still unsatisfied with the outcome of the mediation sessions, you can always choose to file a lawsuit as a last resort.

July 8, 2013

Student Debt: Not Just a Problem for College Kids – In early July, Congress failed to reach a deal on student loans and allowed the rate to spike from 3.4 to 6.8 percent. The rate might come back down later in the month, but where the coaster goes next… no one is quite sure.

The Job Benefit We Covet Most Is … Health Care, of Course – Last week, the jobs and career community website published the results of its latest Quarterly Employment Confidence Survey. Among other things, it reveals which fringe benefits American workers value most highly. The item that came in at No. 1 will come as no surprise to most people (and certainly no surprise to President Obama): Once you take salary out of the picture, what we want most is health care coverage.

The Top Traits of the Best Mediators

The Top Traits of the Best Mediators

Although there are different schools of thought concerning the role of a mediator and how he or she should best handle the process of facilitating a session, there are certain traits that are undeniably necessary for any mediator to possess. Regardless of what type of conflict you focus on in your business, or the type of client you most often see come through the doors of your office, harboring and honing these traits will ensure that you have what it takes to be a success in this field.

1. Humanity
This trait is vital in establishing trust and respect—two essential ingredients for any successful mediation session. Mediation often involves heightened emotions and it takes a large dose of humanity to be able to navigate the stormy waters those emotions can stir. Often, the only way to truly mediate a conflict is to achieve unity with all parties involved; it is through this aspect of mediation that the mediator serves as a bridge between the disputants, allowing them to find a common ground and meet there to reach a settlement.

2. Diligence
Mediation is not an easy task and requires a finely tuned work ethic on behalf of the mediator if success is to be achieved. The best mediators are proactive, persevering and almost relentless during the mediation process—all traits that ensure the conflict is resolved as quickly as possible so that the disputants can get back to business as usual.

3. Trustworthiness
In order to reach a level of true neutrality, both parties in dispute will need to trust that you are working on their behalf. As soon as the scales tip to favor one side over the other, you’ve lost your ability to mediate the conflict successfully. This is why it is important that a mediator maintain the trust of both parties, without question, and the only way to do this is to remain as fair and non-biased as possible during the course of the mediation session(s). Once a mediator has established himself or herself as trustworthy, that train goes a long way in making sure clients leave the table with good things to say about your services. Their reference will be the cornerstone of your business, and your trustworthiness (or lack thereof) will be what makes or breaks that cornerstone.

4. Intelligence
An intelligent mediator wins the confidence of his or her clients quickly. When your clients value your expertise and knowledge and trust it explicitly, your work with them will flow much smoother because they will respect your opinion and suggestions. Developing your knowledge base through professional development and personal study is a good plan to enact in order to grow your business and reputation for the long-term.

July 4, 2013

Senate, Ending Debate, Moves to Final Vote on Immigration – The most significant overhaul of the nation’s immigration laws in a generation easily cleared the final obstacle to passage in the Senate on Thursday, when 68 senators, including 14 Republicans, voted to end debate on the bill and move to a final vote.

Divorce: Who Gets The Air Miles? – Reaching a divorce settlement agreement is largely about dividing marital assets. You’ll negotiate a division of your jointly-owned real estate, stock portfolios, cash and even more unusual assets such as expensive collections of art, wine, antique guns or whatever else you and your husband have come to own together over the years. With all that under discussion, it may seem a bit ridiculous to bring up something that seems as trivial as frequent flyer miles. Who cares, right?

June 27, 2013

Senate, Ending Debate, Moves to Final Vote on Immigration – The most significant overhaul of the nation’s immigration laws in a generation easily cleared the final obstacle to passage in the Senate on Thursday, when 68 senators, including 14 Republicans, voted to end debate on the bill and move to a final vote.

Divorce: Who Gets The Air Miles? – Reaching a divorce settlement agreement is largely about dividing marital assets. You’ll negotiate a division of your jointly-owned real estate, stock portfolios, cash and even more unusual assets such as expensive collections of art, wine, antique guns or whatever else you and your husband have come to own together over the years. With all that under discussion, it may seem a bit ridiculous to bring up something that seems as trivial as frequent flyer miles. Who cares, right?

June 20, 2013

Not Your Mother’s Divorce: Three 21st Century Trends – Marriage rates are decreasing, so divorce rates are decreasing, as well.

Intellectual Property: A Key Driver of our Economy – Innovation and creativity have always been the foundation of our economy, and effective enforcement of intellectual property rights enables us to promote economic growth, ensure our global competitiveness, and protect the health and safety of our citizens. Today’s release of the Administration’s 2013 Joint Strategic Plan for Intellectual Property Enforcement builds on our efforts to protect intellectual property to date, and provides a roadmap for our work over the next three years. In preparing the 2013 Joint Strategic Plan, we solicited public comment on how to improve our approach, and that public input was invaluable in drafting the final version of the Joint Strategic Plan. We will continue to seek public views on how to best promote and protect intellectual property rights.

June 17, 2013

How to Answer the 3 Most Important Questions Kids Ask About Divorce – Probably the worst moment of my ongoing divorce was when we sat down with our son and broke the news to him. He immediately burst into tears, and for a split second, I wanted to take it all back just to spare him the pain. But I couldn’t do that. We had to move forward. Soon, our son had questions — and we had to find the right answers.

The Daily Docket: Orchard Enters Bankruptcy – Orchard Supply Hardware Stores filed for Chapter 11 bankruptcy protection Monday with plans to sell itself to Lowe’s Cos., subject to higher bids at auction. Click here for the Daily Bankruptcy Review article.