When you run into a conflict on a job, you probably don’t want that to lead to any dirty laundry being aired in public. If confidentiality is a top priority going to court and creating public records is not ideal. This is why alternative methods of dispute resolution exist. Our Houston construction arbitration lawyers can tell you more about how you can avoid costly and public litigation.
How Can Arbitration Promote Confidentiality?
When you enter into arbitration, the arbitrators do have a duty to keep matters confidential and private. However, if you really want to safeguard your reputation, it’s important that you and the other involved parties agree to keep the proceedings confidential. These hearings are private and the only people involved are the parties involved in the dispute and their legal representatives, so this often makes it difficult for information about this conflict to get out.
There are situations where a court might allow the records from arbitration to get out though. If it is in the public interest, a judge could decide to allow someone to learn more about the specifics of your arbitration proceedings. This is more likely to happen if a public agency is involved.
Is Confidentiality a Key Tenet of Mediation?
Confidentiality is also an important part of mediation. When you enter into mediation sessions, there’s no court record. It’s just the parties involved in the dispute and a neutral third party, a mediator who wants everyone to talk things out.
This can be a successful method of dispute resolution thanks to its inherent confidentiality. When a mediator says that these sessions will be private, that can ensure everyone that what they say will not be used against them. This fosters conversation.
Which Dispute Resolution Method is Best for You?
This can be difficult to answer until we hear more about your conflict. Each method of dispute resolution has its own pros and cons, especially if confidentiality is a key concern.
Arbitration functions a lot like court, but it’s just faster and the decision is often binding. This means no appeals. If you’re comfortable in a courtroom setting, this might be a good option.
Medication is meant to foster cooperation and help all parties involved come to a mutually agreeable solution. If you think that you and the other parties you’re in conflict with can sit down and talk things out, mediation can be one of the least expensive and time-consuming dispute resolution methods, and it’s confidential too.
Talk to Our Construction Lawyers
If you are involved in any kind of conflict, you should have a lawyer who knows the construction industry on your side. Whether you ultimately decide to move forward with litigation, arbitration, or mediation, our experienced attorneys are ready to help. So contact Patout & Shaw to schedule your consultation today.
