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Considerations for construction dispute mediation

On Behalf of | Apr 6, 2021 | Construction Disputes

Construction disputes happen and are more common in Texas than you think. They often involve the timeline of the project, payments, and discrepancies between the plan and the final product. While some disputes do go on to become lawsuits, many can be resolved through mediation.

What are the forms of mediation?

There are mainly two types of mediation. Evaluative mediation is where both parties try to convince a meditator that they’re in the right. This process is used closely with arbitration or litigation.

Most of the time, construction disputes involve the use of facilitative mediation, where both parties negotiate for a compromise with a mediator. The neutral mediator might keep negotiations civil or act as a “devil’s advocate” in order to help parties reach a compromise, but ultimately doesn’t determine who is in the right.

What do I need for mediation?

In order to prepare for mediation, you need to know that both parties are open to compromise and mediation. What do you hope to get out of mediation? Sometimes, mediation doesn’t work or isn’t in the best interest of you or the other party. It’s important to discuss with your attorney whether mediation is right for you.

If you do go forward with mediation, it’s important to choose the right mediator who is impartial and has the background necessary for construction law disputes. You will also want to create a pre-mediation statement.

Pre-mediation statements let the mediator know the facts and claims, as well as what you are hoping to get from the mediation process. It will also let the other party know these things as well as have a better understanding of where you’re coming from.

How long does mediation take?

There is usually no telling how long the mediation process will last. It will depend on the details of the case. If you’re wondering if the process is right for you, reach out to an attorney today.