Conflicts can arise during construction projects, which is why knowing how to handle disputes should be a top priority for any firm. Sometimes this means being open to alternative dispute resolution methods, like mediation sessions. Our experienced Houston mediation & arbitration lawyers can tell you more about this process and how parties in the construction industry can best approach mediation.
Why Use Mediation Sessions?
In mediation, the parties involved in the conflict sit down with a neutral third party, a mediator. Then the mediator guides the conversation and tries to get everyone involved to resolve their issues amicably.
If people can come together and negotiate in good faith, mediation sessions can be quite productive. Some benefits of this dispute resolution method include:
The expense: Mediation is often less expensive than going to court.
Speed: If your mediation sessions are successful, they often take far less time to settle an issue than a court would.
Privacy: There’s no court record in mediation. That means that your negotiations are kept private.
How Can I Make the Most of Mediation Sessions?
You should prepare yourself before the mediation sessions begin. You want to:
- Be clear about what you want
- Make strong arguments on your own behalf
- Address the weaknesses of the other party’s arguments
You want to be forthright and assertive, but you do not want to try and steamroll the other party. Mediation is about cooperation. If you can work together with the other party, you can try to come to an agreement that works for both of you.
This is why we recommend that participants be open to conversation and try to remain positive throughout the mediation process. The more open you are to finding a solution, the easier it can be to finally reach an agreeable deal. Be persuasive in your own arguments, but also make sure that you are listening to the other parties involved and trying to figure out where they are coming from.
Are Mediation Sessions Part of Arbitration?
No. Arbitration is a different method of resolving disputes that can also be useful in the construction industry. It functions a bit more like litigation though. Mediation is completely separate from arbitration.
Do I Need a Construction Lawyer?
We have lawyers who can serve as mediators. If you have chosen a different mediator, a lawyer from our firm can be retained to advise you about any agreements you make before you sign off and finalize them. It’s wise to have legal representation even though you will not be bringing your lawyer into the actual mediation sessions.
Contact Our Law Firm Today
If you want to learn more about alternative dispute resolution methods like mediation sessions, contact Patout & Shaw, PLLC. We want to hear more about your problem, and then we can work with you and help you figure out the best way to resolve your issue.
