It is possible for disputes to arise between a contractor and his client during construction. These disputes if not well managed can lead to a court case. It is therefore better for the contractor and his client to resolve any dispute through reconciliation. There are many benefits of construction mediation San Diego service over other ways of dispute resolution or civil litigation. Mentioned below are some of the major benefits of this method of dispute resolution.
Reconciliation is usually a cheaper way of solving problems unlike court processes. Legal procedures can be relatively costly and especially when the case runs for a long time, in a worst case scenario someone could be detained dealing a blow to the construction company. On the other hand, such reconciliatory procedures usually aim at the same results or even better options in a short time which means lower cost.
Reconciliation is faster than civil litigation. This kind of litigation cases can take up to a year to get trial. This is because the courts have a lot of uncompleted work which forces more immediate criminal problems into the schedule before any civil matter is handled. Reconciliation on the other hand can be scheduled very easily since the meeting will require setting up the time and place with the other party and the mediator.
Reconciliation processes allow the aggrieved parties ample time for full participation to come up with their own solutions through a deliberation of their opinions and concerns. This is never accommodated by a court process. Legal representative for both parties are usually keen to defend their clients and geared to win the case than settlement.
Through reconciliation the source of the dispute is investigated in greater detail and the two parties work together unlike a civil litigation case where they blame each other in front of a judge. The mediator has skills on how to negotiate on problems which involve high emotions. He knows the right words and tone to use when addressing the two parties in the reconciliation room.
In most cases reconciliatory engagements focuses on the way forward instead of basing on the previous experience. This is always good since the parties are allowed a window of settlement and carry on with the work up to finalization of the project. It also allows them to device ways of avoiding such problems in the future. A court case always ends up with a ruling of the court which is final and both parties are compelled to abide by that. Since such a verdict will always favor one side, it might result in enmity between the two parties.
Reconciliation is confidential in nature and provides privacy for parties involved who do not want their issues to be exposed to the public. The mediator helps the two parties to iron out their problems in an enclosed place and he ensures whatever is discussed is kept secret between him and them. This is not so in a civil litigation case because court proceedings are not private.
A Reconciliatory process gives the parties an opportunity to vet the mediator except when it is agreed on the contrary in the project contract. Many building contractors like working with an expert in construction mediation San Diego who does not take any side but insists on fairness for the two parties. In a civil case, the parties have no say on the choice of a judge who is to preside over their case.
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