It is not unusual for parties to a construction project in Florida to run into a dispute at some point. Rather than litigate every little dispute many parties to a construction project decide to pursue mediation to resolve their disputes.
What is mediation?
Mediation is a form of alternative dispute resolution. In mediation, each party will sit down with the mediator to work through their dispute and come to an agreeable resolution. The mediator is a neutral third party. The mediator is not a decision maker. Instead, the mediator facilitates discussions between the parties, so they can communicate in a safe and productive manner. Anything said in mediation is confidential. The goal of mediation is for the parties to reach a resolution on their own that they will both commit to. Mediation is often quicker and more efficient than litigation.
Tips if you are heading into mediation
There are some good ways to prepare for mediation. One is to ensure that both parties have exchanged all necessary information. Another is to understands that mediation is not about “winning.” Its focus is to ensure that the final resolution is fair to both parties who cooperated in making it. An all-or-nothing approach will not work in mediation. Construction disputes often involve not just the main issue but also many smaller sub-issues. Mediation can provide the framework to resolve these issues as well as the bigger issues. Mediation also allows parties to agree on a settlement range, rather than having one imposed upon them.
Mediation can be a productive way to resolve disputes
Ultimately, mediation can be a productive way to resolve construction disputes. It promotes cooperation between parties who will have to continue working together on the project as well as providing a way in which both parties can have more of a say in the final outcome of the process. Having a say in the process and result can help everyone feel more satisfied with the outcome of the mediation process.
