Sometimes going to court is not your best option when a conflict arises on the construction site. Our Houston mediation & arbitration lawyers can tell you when pursuing a different method of dispute resolution might be a good idea. Construction mediation sessions, for example, can help you and other parties involved in your project find a solution that you can all agree on. As an added benefit, mediation is often less expensive and time-consuming than litigation. Here’s a look at how you can prepare for these construction mediation sessions and make the most out of them.
What Should I Do Before Any Construction Mediation Sessions?
Before a construction mediation session, you should:
- Exchange any important information with other parties involved in the dispute
- Know what you want
- Be ready to back up your arguments with documents and evidence
- Be ready to listen
- Discuss some ground rules
When you go into these sessions prepared with everyone on the same page, that can make them far more effective. It’s going to be tough to agree on everything, but if you are clear about what you want and ready to hear out the other parties, that can help you make some serious progress. Even if mediation does not solve the problem entirely, sometimes these sessions can help feuding parties narrow their dispute and make it easier to resolve later.
How Important is the Mediator in Construction Mediation?
Choosing the right mediator is important. This is the person who is going to help foster discussion and help all of the involved parties find common ground. This is not always an easy job. You will want someone who is:
- Impartial
- Fair
- Forceful
- Good at listening
- Creative
Additionally, it can help if this person is experienced when it comes to the construction industry and construction mediation. That’s something that we can bring to the table. We know about this industry and we have plenty of experience helping companies in this sector with their issues. Because we have this knowledge, we can also push back a bit when parties are not being practical and work more effectively toward a solution.
Do I Need an Attorney?
A lawyer can act as a mediator. Most of the time, personal attorneys are not brought into a construction mediation session. However, a lawyer from our firm could advise you outside of these sessions. They can also help you examine any agreements made during mediation. These sessions are not legally binding, but once you make a deal and sign it you have made a legal agreement. It’s a good idea to have anything like that looked over by an attorney first.
Meet With Our Construction Mediators and Lawyers
If you want to learn more about what our construction mediation team or lawyers can do for you, contact Patout & Shaw. We are ready to help you come to a solution that all parties can find agreeable.
