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A building process is normally very involving and it is easy for dispute to erupt between a contractor and his client. In situations where such incidences are not well handled, they usually end up in court. Both parties are therefore encouraged to seek reconciliatory measures in solving disputes. Construction mediation San Diego offers a number of benefits as compared to ways like legal processes. Here are some of the advantages of the reconciliatory means.
In comparison to civil litigation, reconciliation is considered a cheaper way of solving differences. Legal tussles are always not cheap especially if prolonged and could result in other negative impacts to the construction company like detention of an employee. Reconciliation is however a better option since it can reach a better solution in a short span of time.
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.
Reconciliation processes allow the aggrieved parties ample time for full participation to come up with their own solutions through a deliberation of their opinions and concerns. This is never accommodated by a court process. Legal representative for both parties are usually keen to defend their clients and geared to win the case than settlement.
Reconciliation process involves a probe to the fine details of the conflict by both parties and the mediator. Court cases on the other hand, the aggrieved parties blame each other before a magistrate. The moderator should have adequate skills on mediating matters of heated emotions. He uses his words and tone tactically while addressing the 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 processes usually give the parties privacy since such issues when exposed, can tarnish a company reputation. The moderator sets the rules of engagement, which has a provision for confidentiality between the parties present. This is another advantage since court proceedings are open to the public.
In most cases, the aggrieved parties are entitled to approve the qualifications of the mediator unless it is stipulated otherwise in the relevant project contract. Many building contractors prefer to work with a moderator with expertise in construction mediation San Diego who is non-partisan to either side. In a civil case, the parties have no choice of magistrate.
In comparison to civil litigation, reconciliation is considered a cheaper way of solving differences. Legal tussles are always not cheap especially if prolonged and could result in other negative impacts to the construction company like detention of an employee. Reconciliation is however a better option since it can reach a better solution in a short span of time.
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.
Reconciliation processes allow the aggrieved parties ample time for full participation to come up with their own solutions through a deliberation of their opinions and concerns. This is never accommodated by a court process. Legal representative for both parties are usually keen to defend their clients and geared to win the case than settlement.
Reconciliation process involves a probe to the fine details of the conflict by both parties and the mediator. Court cases on the other hand, the aggrieved parties blame each other before a magistrate. The moderator should have adequate skills on mediating matters of heated emotions. He uses his words and tone tactically while addressing the 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 processes usually give the parties privacy since such issues when exposed, can tarnish a company reputation. The moderator sets the rules of engagement, which has a provision for confidentiality between the parties present. This is another advantage since court proceedings are open to the public.
In most cases, the aggrieved parties are entitled to approve the qualifications of the mediator unless it is stipulated otherwise in the relevant project contract. Many building contractors prefer to work with a moderator with expertise in construction mediation San Diego who is non-partisan to either side. In a civil case, the parties have no choice of magistrate.
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