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.
As opposed to court processes, reconciliation is faster. Most of these cases would run for as long as one year if the legal avenue is pursued. This can be explained by the fact that courts handle numerous criminal cases some of which are urgent therefore civil matters hardly get first priority. When a problem is to be tackled through reconciliation, both parties agree on a convenient time and venue which means that shorter time is taken to handle the problem.
During reconciliation, the two parties participate fully and can contribute to their own solutions through expression their opinions and concerns. This is not so during a civil litigation case. The lawyers representing each party seek the interest of their client and are more concerned about winning rather than settlement.
In reconciliation, both parties are involved in finding the root cause of the problem and they both take part in solution finding as opposed to a court case where they battle their way before a jury. The mediator usually has necessary proficiency in resolving matters with high emotional ties. He employs the right tone and words when talking to the involved parties.
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.
As opposed to court processes, reconciliation is faster. Most of these cases would run for as long as one year if the legal avenue is pursued. This can be explained by the fact that courts handle numerous criminal cases some of which are urgent therefore civil matters hardly get first priority. When a problem is to be tackled through reconciliation, both parties agree on a convenient time and venue which means that shorter time is taken to handle the problem.
During reconciliation, the two parties participate fully and can contribute to their own solutions through expression their opinions and concerns. This is not so during a civil litigation case. The lawyers representing each party seek the interest of their client and are more concerned about winning rather than settlement.
In reconciliation, both parties are involved in finding the root cause of the problem and they both take part in solution finding as opposed to a court case where they battle their way before a jury. The mediator usually has necessary proficiency in resolving matters with high emotional ties. He employs the right tone and words when talking to the involved parties.
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.
About the Author:
You can visit the website www.1stengineer.com for more helpful information about Comparing Civil Litigation To Construction Mediation San Diego
Tidak ada komentar:
Posting Komentar