Construction law is highly complex and involves numerous parties with differing interests and needs, opening the door to any manner of disputes and legal problems. Contractors, subcontractors, construction workers, developers, property owners, and others may find themselves faced with an issue that could threaten the viability of a project or even their entire operation.
A construction dispute does not have to end in a heated, expensive courtroom battle. Alternative Dispute Resolution (ADR) offers a different approach that can save a considerable amount of time and money while allowing disputing parties to retain more control over the process and its outcome.
Arbitration and mediation are the two primary forms of Alternative Dispute Resolution, but any method that resolves a dispute without litigation may apply. Understanding the differences between arbitration, mediation, and litigation can help you determine how your dispute should be approached. We at Upkins Law can also talk to you about your unique situation if you call for a confidential consultation. We handle all aspects of construction law in Nashville and across Tennessee.
What Is Mediation?
Mediation is a process wherein disputing parties pursue a mutually acceptable settlement under the guidance of a neutral third party – a mediator. The mediator will facilitate meaningful communication between the parties to help them reach a workable agreement. In some cases, mediation is voluntary. In others, it may be ordered by the court in which the parties’ case is pending.
What Is Arbitration?
When disputing parties choose arbitration, this is usually because it is stipulated by a contract. If there is a breach of contract dispute, for example, the contract in question may require parties to undergo arbitration in lieu of litigation. In arbitration, the case will be decided by an arbitrator who will hear the evidence and issue a binding, legally enforceable ruling. The options for appealing or overturning an arbitrator’s decision can be limited and difficult.
Benefits of Alternative Dispute Resolution
Mediation and arbitration can offer key benefits for parties engaged in a construction dispute. It can save the time and money associated with a drawn-out courtroom battle, and it can save parties from the stress of litigation. It can also provide more room for reaching a flexible agreement or arrangement that is truly tailored to the parties’ needs and goals.
At times, however, Alternative Dispute Resolution may not be the ideal approach for a construction dispute. When you work with Upkins Law, we will consider the circumstances at hand to determine the best way to pursue an ideal result on your behalf. This may be through arbitration, mediation, or litigation – depending on the situation and your goals.
To learn more about Alternative Dispute Resolution and construction law, call (615) 235-1991!