Mediation is a process that allows parties in construction litigation to meet with a trained person to explore non-trial case resolutions. The mediation process is a proven, effective tool in construction cases. Mediation succeeds in a relatively large percent of construction cases, for several reasons:
First, parties often arrive at construction mediation knowing a great deal about the value of the case. In many cases, they’ve used a construction claims consultant to help them evaluate the case and determine its value. This means that parties in mediation have realistic expectations. These realistic expectations often help the parties reach a result that’s agreeable to both sides.
In addition, mediation is often successful because it allows both sides to avoid the expense of a trial. Going to trial in a construction case is often expensive. Experts and attorney fees can add up quickly for both sides of the lawsuit. Private mediation allows both parties to avoid these expenses.
Finally, mediation is often successful because it allows the parties to fashion more creative solutions than they might receive in court. This is especially helpful for construction delay claims, because the parties often need to create a plan to finish the construction project as soon as possible. Mediation allows the parties to work quickly and put an agreement into place right away, rather than waiting for a court to make a decision.