What is Mediation:
Today, many standard construction contracts contain basic mediation clauses. Generally, a mediation clause requires the parties (Owner and General Contractor or General Contractor and Subcontractor, etc.). to attempt to settle their dispute with the assistance of a Mediator, before going to Arbitration or going to Court to resolve the dispute. Unlike Arbitration or going to Court, the Mediation, in most cases, is a non-binding process whereby a neutral third party (the mediator) reviews the dispute with the parties and helps the parties come to the terms of their own negotiated settlement. A Mediator, however, has no authority to impose a settlement. Sometimes, a mediator can go directly to the project site to mediate the dispute as it arises. Mediation is also a good way to resolve a conflict because it allows you to gauge how an Arbitrator or Court would decide your case, without the risk a being bound by a decision. If you do choose to go to mediation, it is still wise to be represented by an attorney, because the process, while simpler than Arbitration or Court, is still complex.
Should you choose Mediation:
Some of the other benefits of mediation are as follows:
- Parties control the outcome;
- Parties are directly engaged in the negotiation of the settlement;
- A neutral third party views the dispute objectively and can assist the parties in exploring alternatives;
- Mediation can be scheduled at an early stage in the dispute and a settlement can be reached much quicker than in litigation;
- Money is saved through reduced legal costs and less staff time;
- There is an enhanced likelihood of continuing business relationships; and
- Creative solutions for special needs can become a part of the settlement.
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Call 888-512-5875 or contact us online to schedule a free initial consultation with an experienced construction lawyer. Our phone is answered 24 hours a day, 7 days a week. For your convenience, evening and weekend appointments, as well as construction site visits, are available.
We have two locations to serve our clients. Our New York office is located in Garden City, near the Roosevelt Field Shopping Mall, and our New Jersey office, in Hackensack, is near the Bergen County Courthouse. We represent clients throughout all five boroughs of New York City (Manhattan, Queens, Bronx, Brooklyn, Staten Island), Long Island or New Jersey.
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