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Three tips for a successful construction law mediation

On Behalf of | Dec 2, 2021 | Construction Law

There are a lot of ways to approach your construction law dispute. You might be able to amicably address the issue without the need for formal legal action, or your disagreement may be so contentious that it requires litigation. In many cases, though, a contract law dispute is resolved through mediation, primarily because the controlling contract calls for it. Although a mediation may feel less formal and less contentious, you can’t just sit back and expect success. Instead, you have to adequately prepare for it.

Preparing for your mediation

Mediators exist to help you find reasonable resolution to challenging legal issues, but they rely on you to help them spur negotiations. Here’s what you can do to best position yourself for success:

  • Prepare emotionally because you’re likely to be offered settlement agreements that may seem ridiculous, and you might face unexpected changes in position and delays in hearing from the mediator. Remember that no one walks away from mediation with exactly what they want.
  • Utilize an expert who can help speak to facts that are relevant to your position. This point-of-view can help your mediator engage in conversations with the other side by suggesting how the evidence will be presented in the event that the case goes to trial.
  • Be creative. Although much of the focus in a construction law case is focused on money, there may be other resolution strategies that can help steer your case toward settlement. For example, additional work in lieu of payment or an extended warranty in place of compensation may lead to quicker resolution of the issue that you’re facing.

Know how to successfully navigate your construction law case

You’re bound to face a number of challenges as you navigate your construction dispute. But you can take control of the situation by being prepared and armed with strong legal arguments that support your position, even if you hope to settle your case without litigation. If you’d like to learn more about what you can do to position your case for success, then we encourage you to read more about this area of the law and reach out for support if you feel like you need it.