If it’s your first time heading to mediation for a construction claim, you might have a few questions about the process. In some cases, you end up in mediation because your construction contract calls for it. In other cases, the court orders you to use mediation to try to resolve the case. Here is some information from Lyle Charles Consulting to try and make the process a little bit easier to understand.
At mediation, the parties don’t have to resolve the case unless they agree to do so. The mediator doesn’t make any decisions or offer an opinion about the case, either. Each side can have their attorneys present, and a construction consultant can help each side determine if settling the case is a good idea.
A construction claims expert can help each party prepare their case for the mediation session. This claims expert likely has a wealth of experience, and they can offer honest advice about what might happen if a case goes to trial. The result can be that each party comes to mediation ready to make a deal.
In mediation, a deal can be as flexible as the parties want it to be. They might be able to reach a result without either party having to admit that they’re at fault. This is not possible when a judge or jury decides the case. Without having to admit fault, you can resolve the case in a way that allows you to continue to do business with a spotless record. A construction claim analysis can help you determine the best course of action given the specifics of your case.