3 Tips for Successfully Mediating Your Construction Dispute
Mediation is often the first step in resolving a construction dispute. This is because it is a relatively quick alternative dispute resolution (ADR) process that can resolve disputes to the satisfaction of all parties involved. But for this process to be successful, you must approach it from the right state of mind and with the right legal team. Below, we review three tips for successfully mediating your construction dispute. Whether your dispute stems from a defect, delay, or payment issue, these tips will help you out along the way. And for the best legal team to represent and guide you through this process, partner with a Miami construction mediation attorney from Cotney Attorneys & Consultants.
1. Leave Your Emotions at the Door
Unlike litigation or even other forms of ADR, mediation centers around negotiating until a resolution is reached that all parties agree to. In order for such a resolution to be reached, all parties must leave their emotions at the door. We understand that this may be difficult, you may have been egregiously wronged, and that your company’s success may have been jeopardized by the other party’s actions, but only by leaving emotions out of it can you put yourself in the best position to resolve your dispute. And although mediation can end with all parties satisfied, it sometimes doesn’t. You must be prepared for when your side doesn’t win every battle. You only hurt your chances of resolving a dispute by entering into mediation with unrealistic expectations.
2. Prepare for the Long Haul
We mean this in more ways than one. Mediation sessions can last anywhere from a few hours to an entire day. A full day of debate is enough to exhaust and frustrate even the most steadfast construction professional, and as we learned with tip number one, your goal is to leave emotions at the door. You must also be prepared in the event that mediation fails to result in a mutually-agreeable resolution. Mediation can resolve disputes in a matter of days, but there is still the off chance that your dispute will lead to a much longer arbitration hearing or court trial. What we’re saying is: hope for the best, but prepare for the worst.
Related: Debunking Common Mediation Myths
3. Trust the Professionals
Although your legal team is on your side, the hired mediator will be an impartial third party brought on to hear all sides. If your mediator proves that they are truly impartial, allow them to take the lead. After all, that is what they are being paid to do. They will be an integral part of ensuring that all sides receive fair treatment. Your mediator, as well as your legal team, has devoted their life to all aspects of construction law, or at least they should have. At Cotney Attorneys & Consultants, our attorneys are dedicated solely to the construction industry and protecting contractors within it. If you’re involved in a construction dispute, there’s no better team to guide you through the mediation process.
If you would like to speak with a Miami construction mediation lawyer, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.