There are very few projects in the construction industry that don’t experience some level of conflict during the building process. While the majority of these issues are minor and can be resolved via informal conversations, others are more substantial and can end up halting the project and draining contractors of resources. Regardless of your reason for being at odds with an owner, it’s important to manage your dispute in a manner that safeguards your reputation, preserves professional relationships, and saves you money on legal fees.
For many contractors, this involves working with a Dallas construction mediation attorney who is equipped with years of experience in alternative dispute resolution (ADR). Mediation is an excellent form of ADR to resolve disputes quickly and without the cost and stress involved with litigation as the disputing parties are able to work together to determine a mutually agreeable solution. If you’re currently embroiled in a dispute with an owner, consult with an attorney as soon as possible to determine if you can overcome your differences while minimizing the financial toll upon your bottom line.
A Dallas Construction Mediation Lawyer Can Add an ADR Clause Into Your Contracts
With an ironclad contract, you can address issues before they ever happen and approach problems on your project with a level head. When you partner with a Dallas construction mediation lawyer, we’ll help you to draft an alternative dispute resolution (ADR) into your contract that allows you to know exactly where and how any disputes during the course of the project will be handled. For example, a standard mediation clause will likely state that any dispute that arises out of or relates to the contract, or breach thereof, is to first be settled by mediation before resorting to arbitration, litigation, or another dispute resolution procedure.
Why Is Mediation Your Best Option for Resolving a Dispute?
Mediation is a cost-effective and time-effective form of alternative dispute resolution in which two disputing parties meet with a neutral third-party to discuss the details of their dispute and work together to determine a mutually agreeable solution. The third party does not have the authority to make a ruling, unlike in arbitration, and simply facilitates discussion between the two parties. Mediation may be your best option for resolving a dispute because it focuses on finding a solution to the issue rather than pinning two sides against one another.
By its very nature, cooperatively working together to reach a solution helps ward off adversarial feelings and could be just the thing you need to preserve a professional relationship. If that alone wasn’t enough to convince you, setting aside your differences and talking things out through mediation also means less time and money spent on legal fees and courtroom battles. While some disputes may only be able to be resolved through litigation, mediation should always be your first option to settle your dispute. Consult a Dallas construction mediation attorney to ensure you walk away from all of your disputes with a satisfactory result.
If you would like to speak with a Dallas construction mediation lawyer, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.