The construction industry is no stranger to disputes, and over time, the industry has grown increasingly complex and litigious. As a result, construction professionals must take certain precautions to ensure their contracts define how potential disputes will be handled and how project risks will be controlled. Traditionally, people think of going to court when a dispute arises; however, most disputes have the potential to be solved without litigation and with minimal conflict.
Early evaluation of the dispute is the best method to ensure you are in a position to mitigate risks. A Toronto construction mediation lawyer from Cotney Construction Law can get your project off to the right start by drafting the appropriate dispute resolution clause into your contract.
Manage Disputes with a Toronto Construction Mediation Attorney
Construction contracts are an essential part of project planning and can help address potential disputes before they occur. A strong contract will contain some form of alternative dispute resolution (ADR), such as mediation or arbitration, that allows you to customize your dispute resolution process. This way, parties can agree in advance on how they’d like to handle disputes.
At Cotney Construction Law, we provide contractors, subcontractors, and others with the informed legal counsel and representation they need to protect themselves and their interests during disputes. A mediation lawyer from our firm can draft the proper dispute resolution clause into your contract, along with options that control time and cost.
What is Mediation?
Mediation is an ADR method that can be thought of as the first step to resolving a dispute. During this informal and private process, disputants bring in a neutral third party (mediator) to help them come to a solution for their conflict. A good mediator will aid the parties in constructively discussing their interests and settling the dispute in a manner that benefits all parties involved.
Successful mediation involves both a mediator with strong negotiation skills and parties willing to cooperate. Mediators do not take sides or come to a decision for you but are able to provide objective guidance to help you come to a resolution. This is not only a faster and more economic means of settling disputes but helps to preserve business relationships and provides you with greater control over the dispute.
When Mediation is Unsuccessful, Try Arbitration
When mediation is unsuccessful, your case may require a more aggressive form of ADR known as arbitration. Arbitration is one of the most common methods of ADR, during which disputes are settled by way of an independent third party known as an arbitrator. In this confidential and non-judicial process, the arbitrator hears the matter and makes a binding decision that is enforceable by the courts. Parties provide evidence and testimony similar to the way they would have in a trial. Arbitration is typically less formal and expensive than litigation.
Why Should You Partner with a Toronto Construction Mediation Attorney?
At Cotney Construction Law, we employ Toronto construction mediation attorneys with the real-world construction experience and legal skills necessary to understand the challenges you may be facing and to advocate on your behalf. We have obtained favourable settlements in countless cases throughout the years and are ready to work with you to ensure you walk away from your dispute with a satisfactory result. Whether you’re seeking mediation or arbitration, a Toronto construction mediation attorney can guide you through the process.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.