Here is a simple guide on what to do if you have a complaint to your builder
What is Mediation?
Mediation is a private, interactive and structured process wherein an impartial third party helps the parties involved resolve conflict using exceptional negotiation and communication techniques.
This process is focused on the rights, needs, and interests of both parties.
They are encouraged to participate in the sessions actively. The mediator uses different techniques to guide the sessions in a constructive direction that will help both parties find the optimal solution.
Mediation is a type of Alternative Dispute Resolution (ADR), a manner of settling disputes between two or more parties with real results. The mediator helps the parties settle.
Mediation has a timetable, structure, and dynamics that standard or negotiations don’t have. Participation is voluntary, and the process is private and required by law. The mediator facilitates the entire process.
In litigation, a judge will make the final decision. In mediation, the parties and the mediator control the entire mediation process. They decide when and where the mediation occurs, who will attend and how the mediator will interact with both parties and how the mediation is going to be paid.
The mediator facilitates open communication and oversees the interaction between the parties. They evaluate relevant norms and issues without expressing any opinion, making the decision for any of the parties or providing prescriptive advice.
Why You Should Consider Mediation4Builders for Construction and Building Disputes
Mediation offers many advantages over litigation. One of these is the fact that mediation is cheaper than litigation because the process is often completed within 1 or 2 days — most of the mediators who specialize in engineering and construction charge by the hour.
Since mediation sessions for construction and buildings are done within a period, you won’t have to spend a long time away from your business.
Aside from this, preparation for mediation is easier and simpler than what’s required for litigation preparation. Lawyers are not necessary, but they may participate in the mediation session when the parties request.
Mediation is usually conducted at the residence that’s involved instead of visiting a job site and holding a separate arbitration hearing at a neutral location or litigation performed at a jurisdiction court.
Mediators are well-versed and experience in various kinds of disputes. The mediation is faster than litigation. Cases of engineering and construction litigation usually last several months or even years.
Mediation, on the other hand, allows both parties to continue working together to complete the construction project and arrive at an agreement that’s favourable for them.
In litigation, a judge usually makes the verdict or decision. It might also ruin the relationship between the parties. Mediation allows both parties to express their opinions and concerns. In litigation, their lawyers represent them except when they’re taking the stand, and the opposing lawyer wishes to cross-examine the party.
Mediation is a private process. It’s not subject to public knowledge and media attention. Mediation is informal. If some issues have been settled or there has been an agreement written, and a full settlement has occurred, the deal is legally binding.
No appeals process will occur. In litigation, you will find different levels of appeals in an ongoing judicial process.
Mediation doesn’t involve any jury, reducing the risk of large unwarranted awards.
The mediator is a seasoned professional and has a deep understanding of the construction industry, so any emotional or superficial arguments can’t influence them. Discovery is also limited in mediation. The lawyers of the parties rarely pursue matters, which happens in litigation’s.