It is possible for disputes to arise between a contractor and his client during construction. These disputes if not well managed can lead to a court case. It is therefore better for the contractor and his client to resolve any dispute through reconciliation. There are many benefits of construction mediation San Diego service over other ways of dispute resolution or civil litigation. Mentioned below are some of the major benefits of this method of dispute resolution.
Reconciliation is very cost effective means of settling a dispute as compared to civil litigation. Court battles can be very expensive, and can lead to loss of an employee which is another big expense to the construction company. However, reconciliation is able to achieve the same results or even better with fewer expenses because the process does not take long.
Reconciliation is always faster than a court process. Due to the fact that the courts have a backlog of cases to handle, such a case can run for as long as one year to full trial. Some criminal cases are deemed by the courts more urgent thereby pushing back such civil suits. On the other side, reconciliation would take a shorter time since it only requires the concerned parties together with a moderator to agree on time and venue.
In a normal reconciliation, the aggrieved parties are expected to bring up the contentious issues and are expected to point which way forward and the probable solutions. This arrangement does not apply to a civil litigation process. The legal representatives of the aggrieved persons defend their respective interest with the aim of wining the case and care not about settlement.
Through reconciliation the source of the dispute is investigated in greater detail and the two parties work together unlike a civil litigation case where they blame each other in front of a judge. The mediator has skills on how to negotiate on problems which involve high emotions. He knows the right words and tone to use when addressing the two parties in the reconciliation room.
Reconciliation looks more into the future and not what has already happened. This is because it is aimed at reaching a settlement and giving an opportunity to the warring factions to work together to complete the project. It also allows suggestions for smooth trade in the days to come. Unlike in reconciliation situation, a civil suit ends in a ruling made by the jury which gives no room but to be followed and in most cases only favors one party which could result in enmity.
Reconciliation is confidential in nature and provides privacy for parties involved who do not want their issues to be exposed to the public. The mediator helps the two parties to iron out their problems in an enclosed place and he ensures whatever is discussed is kept secret between him and them. This is not so in a civil litigation case because court proceedings are not private.
In reconciliation, both parties are able to check the background and experience of the mediator unless he is specified in the disputes resolution part of the project contract. Most of the building contractors prefer a mediator specialized in construction mediation San Diego and is fair and just to both parties. In civil litigation the two parties have no option in the choice of the judge and even the jury.
Reconciliation is very cost effective means of settling a dispute as compared to civil litigation. Court battles can be very expensive, and can lead to loss of an employee which is another big expense to the construction company. However, reconciliation is able to achieve the same results or even better with fewer expenses because the process does not take long.
Reconciliation is always faster than a court process. Due to the fact that the courts have a backlog of cases to handle, such a case can run for as long as one year to full trial. Some criminal cases are deemed by the courts more urgent thereby pushing back such civil suits. On the other side, reconciliation would take a shorter time since it only requires the concerned parties together with a moderator to agree on time and venue.
In a normal reconciliation, the aggrieved parties are expected to bring up the contentious issues and are expected to point which way forward and the probable solutions. This arrangement does not apply to a civil litigation process. The legal representatives of the aggrieved persons defend their respective interest with the aim of wining the case and care not about settlement.
Through reconciliation the source of the dispute is investigated in greater detail and the two parties work together unlike a civil litigation case where they blame each other in front of a judge. The mediator has skills on how to negotiate on problems which involve high emotions. He knows the right words and tone to use when addressing the two parties in the reconciliation room.
Reconciliation looks more into the future and not what has already happened. This is because it is aimed at reaching a settlement and giving an opportunity to the warring factions to work together to complete the project. It also allows suggestions for smooth trade in the days to come. Unlike in reconciliation situation, a civil suit ends in a ruling made by the jury which gives no room but to be followed and in most cases only favors one party which could result in enmity.
Reconciliation is confidential in nature and provides privacy for parties involved who do not want their issues to be exposed to the public. The mediator helps the two parties to iron out their problems in an enclosed place and he ensures whatever is discussed is kept secret between him and them. This is not so in a civil litigation case because court proceedings are not private.
In reconciliation, both parties are able to check the background and experience of the mediator unless he is specified in the disputes resolution part of the project contract. Most of the building contractors prefer a mediator specialized in construction mediation San Diego and is fair and just to both parties. In civil litigation the two parties have no option in the choice of the judge and even the jury.
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