It’s not uncommon for a construction claims consultant to recommend that the parties in a construction lawsuit use mediation as a way to try and resolve the case outside of court. Mediation is often an effective tool in construction cases. A consultant can give the litigant a realistic understanding of the strengths and weaknesses of their case. When parties enter mediation with realistic expectations, mediation can be much more effective.
Mediation is effective because it allows the parties to talk about the case in a back and forth, responsive way. Private mediation doesn’t happen in court. That means that you can respond to questions and concerns as they come up. This back and forth often makes mediation successful.
A trained mediator, such as Lyle Charles, facilitates a mediation session. That person has training to help the parties reach a resolution. They know how to frame questions and problems in a constructive way that helps to deescalate conflict and stay on task. That can prevent a mediation session from falling into an unproductive argument. The mediator’s training and experience can help both sides feel comfortable and confident in reaching a non-trial resolution.
In construction delay claims, parties often succeed because they’re motivated to resolve the case quickly. A construction delay prevents each side from finishing the project. Both sides are often motivated to reach a resolution and get back to work. This can make mediation effective in construction cases because the parties are eager to find a way to resolve the issues for economic reasons.
