How Mediation Can Help Resolve Construction Defect Disputes

The term “mediation” refers to a private and informal dispute resolution process that allows you to stay out of court and resolve your contested claim. You use a neutral third-party, a mediator, as a “go-between” to work with the other side to resolve your dispute. Sometimes having someone who has no stake in the outcome can be a good resource to communicate effectively between the parties.

Mediation can be a helpful dispute resolution tool in many types of cases. However, it can be particularly effective when you are working through a construction case. Below are just a few reasons that construction disputes are particularly well-suited for mediation.

  1. Construction cases can take a long time to present in court.

Construction cases can be very complex. Explaining complicated construction concepts or showing a jury exactly what you wanted in a construction project as a homeowner can be difficult. It may also require that you bring in experts that are sometimes expensive and take a lot of time to explain their complicated opinions. Trials can take a few days or even a few weeks in some cases.

In contrast, mediation can usually be completed within a day or two. While it is not always successful, it often is—saving significant time, effort, and money for everyone involved.

  1. Many cases involve multiple parties.

Construction cases may involve general contractors, subcontractors, other property owners, and all of their respective insurance companies. Things are bound to get confusing with that many entities involved in litigation. It also makes evidence that must be presented at trial very time consuming and complicated. The average jury will likely have trouble keeping the arguments and parties straight.

Mediation takes these concerns out of the analysis. Every party can participate at similar levels at mediation, making the entire process much less complex and streamlined.

  1. Construction concepts are complicated.

The average person who would sit on a jury likely has very little experience with complicated construction standards. In fact, the average judge probably does not know many construction practices or concepts. Having to explain these ideas and concepts can be very challenging, and it can make getting a fair result nearly impossible.

However, you can choose a mediator that has experience with construction cases—and you have a lot more say in who you mediator is compared to which judge you are assigned or who sits on your jury.

Getting Help with Your Construction Case

Having an experienced construction law attorney help with your case can be a huge asset and effective resource. Alder Law will be able to help you determine if mediation is the best option for your unique situation. Give us a call today to learn more about how we can help you and your loved ones with your construction law claim.

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Adler Law, A P.C.

Robert Adler is a sole practitioner who has spent over three decades protecting the rights of construction, real estate, business litigation, and personal injury clients throughout Calabasas, California—and beyond.

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