Written by Lyle Charles
Mediation tries to help the disputants to reach their own agreement outside the context of a court. The mediator helps to organize and exchange the information while examining the positions, goals and solutions of both parties. Private mediation has a number of benefits and they are.
They are non-binding – The mediator has no legal authority to impose a binding decision on any party.
It is immediate – The process can sometimes resolve disputes in as less than a day. Since meetings can be set as soon as the participants are available and discussions can sometimes take only a few hours.
It is economical – Court proceedings often take long periods of time and costs time and money. Apart from attorney’s fees, disputants will have to pay for expert fees, witness fees plus other expenses. Mediation, on the other hand, will only cost a fraction of the cost and require a lot less time.
It is flexible – Mediation is flexible as it can suit the interest of each party. As and when the parties are available a meeting can be set, in a venue that is convenient for both. The process can also be designed to suit the case and the areas of interest for both parties. Witnesses can be requested if necessary, to strengthen a case.
It is private – Disputants are able to release the information relating to the dispute without the fear of repercussions.
To hire a mediator to be present for disputes relating to construction, approach reputed construction advisory services firms that offer skilled mediators.
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Lyle Charles is an expert in construction claims analysis for commercial and residential construction.