When construction disputes arise, many people choose construction mediation to resolve their differences. There are many types of mediation methods available, depending on the situation and the needs of each party. However, all forms of mediation offer parties a flexible process to confidentially come to an agreement on differences with the help of a neutral person’s assistance.
Lyle Charles believes that the most important step in mediation is the mediation agreement. The mediation agreement should include the following;
An agreement by the parties involved in the dispute.
Or a recommendation by the court.
Or a clause in the contract of the parties.
Once the parties sign the mediation settlement agreement, this document can be used in court.
Mediation is favored because parties feel that they have control when it comes to settling a dispute and they can do so in a shorter period compared to disputes handled by the courts. Parties also save on legal fees as most mediation can be conducted with no legal counsel.
However, although either party chooses to solve an issue through mediation, they are not under any obligation to settle the case. All mediation is held “without prejudice,” which means that either party cannot be held responsible for anything said or acted upon at the meeting if a settlement is not reached.
In the case of construction disputes, mediation can be a sensible option as usually, construction disputes involve more than two parties, and a mediation process can provide a voice to all in a less intimidating surrounding.