Whether building a small home or a skyscraper, construction projects are always very complex. They involve multiple parties, including the architect, the construction company, sub-contractors, the customer, and many others. With all these different parties working on a single project, it is really surprising that disputes aren’t more common than they are.
Years ago, most serious construction disputes would end up in court. This was very expensive and costly, and even had the potential to disrupt the construction process enough that it would never be completed. In recent years, however, more construction disputes have been turning to mediation to solve disputes. This is because of some of the incredible success that this type of conflict resolution has had in just about every type of dispute.
Required or Optional Mediation
Mediation has become so successful that some construction contracts are being written to include a requirement that all disputes go through mediation before the courts are involved. Even when this is not the case, however, the parties in dispute can agree to come to the table and use mediation to attempt to solve the problem.
Bringing Everyone Together
The goal of a mediator is not to help find the winners and the losers in a conflict (which is what the courts do). Instead, the mediator is trying to find solutions to problems, which will maximize the benefit to everyone involved. With this focus, the mediator will bring the parties together and help guide the conversation toward ideas that are mutually beneficial.
In many disputes, the hardest thing for the parties to do is compromise in a way that doesn’t work out in their favor. A mediator can help everyone realize, however, that if all sides are able to give in a little bit, they can avoid costly court battles and the possibility that the entire project will be lost. In the end, mediators are often able to help convince all parties to accept less than they would have desired in order to keep the construction project moving forward.
Learn More about Construction Mediation
Having an attorney who is dedicated to construction law working as a mediator can help bring a lot of insight into the process. If you are having a conflict about a construction project or you would like help in avoiding these types of conflicts, please contact FCLG today. We’ll be more than happy to work with you to find creative solutions to construction conflicts throughout Florida.