Construction Law

The Pros and Cons of Mediation featured image

The Pros and Cons of Mediation

Mediation is a form of alternative dispute resolution (ADR) that can be used to settle disputes outside a court of law. There are many pros and cons to mediation, but it’s definitely an option that contractors should consider before diving head first into a months-long courtroom battle. When you partner with a Tallahassee construction mediation attorney from Cotney Attorneys & Consultants, they can present your side of the dispute and negotiate on your behalf to fortify your argument. 

The Pros of Mediation

First, we’ll cover the major benefits of mediation. Mediation is a process focused on finding amicable solutions that benefit both parties equally. Unlike litigation, which results in a clear winner and loser, mediation can potentially satisfy both parties, which is fundamental to maintaining professional relationships. This is another one of the main benefits of mediation. When one party isn’t suing the other, it tends to keep the relationship between the two parties healthy. If you want to grow your business, maintaining strong relationships is of paramount importance. 

Mediation gives you the opportunity to assert yourself without compromising these valuable relationships. Plus, mediation isn’t a be-all and end-all solution. As Theodore Roosevelt once infamously stated: “Speak softly and carry a big stick.” Even if mediation fails, you can always resort to your litigation (your big stick) for a more binding decision. Lastly, mediation is less expensive. With no court fees, no overly comprehensive discovery process, and shorter resolution times, any contractor can afford mediation.

The Cons of Mediation

Although there are many pros to mediation, there are also some drawbacks. For example, mediation rarely works in instances where one party flat out refuses to cooperate with the other. You must be willing to listen to the other party and consider their side of the dispute, not push your agenda on the other party in hopes of them caving in. Conversely, no matter how compelling the argument your Tallahassee construction mediation attorney has prepared, if the other party isn’t listening, you may never resolve the issue through mediation. Furthermore, the result of mediation is not binding, meaning that when both parties shake hands and agree to resolve the dispute, there’s no guarantee that both parties will actually follow through on their word. The lack of binding resolutions are one of the primary reasons why contractors opt to use arbitration or litigation instead of mediation.

Depending on the particulars of your situation, mediation, arbitration, or litigation could be your best bet for resolving a dispute. Consult a Tallahassee construction dispute attorney for additional insight on which process may be the most effective for your needs.

If you would like to speak with a Tallahassee construction dispute attorney, 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.