Construction Law

Why Mediation Should Be Used For Your First Attempt at Resolving a Dispute featured image

Why Mediation Should Be Used For Your First Attempt at Resolving a Dispute

Every year, contractors all across the United States find themselves forced into dealing with unscrupulous owners that refuse to engage in professional conduct. After all, once you sign a contract, you’re responsible for meeting your contractual obligations, even if the owner makes doing so an utter nightmare. When the contractor-owner relationship isn’t strong, disputes are bound to happen for any number of reasons, including:

  • Contract errors or omissions
  • Differing site conditions
  • Breach of contract
  • Claims errors
  • Project delays
  • Project abandonment
  • Nonpayment

Regardless of your reason for being at odds with an owner, it’s important to realize that managing your disputes in a mature manner can help you preserve potentially lucrative relationships, safeguard your professional reputation, and save you money on legal fees. For many contractors, this means working with a Nashville construction dispute lawyer that is well-versed in alternative dispute resolution (ADR). In this brief article, we’ll discuss why one form of ADR, mediation, should be used for your first attempt at resolving a dispute with an owner. If you’re currently embroiled in a dispute with an owner, consult a Nashville construction dispute lawyer to see how you can overcome your dispute while minimizing the financial toll it takes on your bottom line.

Mediation Helps Disputing Parties Meet in the Middle

Mediation isn’t about one party being “right” and the other being “wrong.” The goal of mediation is to facilitate discussion so that two disputing parties can meet in the middle. Therefore, mediation doesn’t rely on a concrete solution to prop up discussion; rather, it explores the underlying reason for the dispute to help both sides understand each other. Then, the disputing parties and the mediator work out a mutually agreeable solution that appeases everyone so that work can commence without any distractions. It’s also an effective process for airing grievances that have been bottled up inside one or both parties. The only knock against mediation is the fact that resolutions aren’t legally binding, but sometimes that’s a good thing. Would you want to work for an owner that is constantly threatening to sue you? Mediation helps both parties get what they want without throwing the book at each other.

Saving Time and Money Makes All Parties Happy

Let’s face it, the contractor-owner relationship can be tense and complicated, but at the end of the day, you’re both chasing the same thing: profit. When you can set aside your differences and talk things out, it means less time in court and less money spent on legal fees. That’s a win-win for everyone! Of course, some disputes can only be resolved through litigation, but it doesn’t hurt to give mediation a shot, and we’re happy to help. Consult a Nashville construction dispute attorney for more information about how mediation can be used to settle your dispute.

If you would like to speak with a Nashville 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.