Wednesday, May 21, 2014

Reasons Why You Should Use Construction Mediation San Diego Services

By Minnie Whitley


Construction disputes can halt work for many months or even cause one to demolish what they have built. As such one needs to be very reasonable when handling them. The only way to do this is by getting a firm that specializes in mediation between warring parties. Construction mediation San Diego services will help you to save time and money and make sure that you do not run into ownership wrangles in the future.

Conflicts if not handled early enough could lead to court cases which are very expensive and slow procedures that could compromise the ability of your project to meet its set goals. However, contracting the services of the mediator is a sure way of settling the disputes professionally and in a timely manner.

There have been changes in the law governing the construction industry to accommodate mediation first before moving to the courts. This is for the obvious reason that the court processes could result in less investment in the building industry and consequently hurting the economy. This is because many investors fear putting their money in projects that may end up halting for a long time.

The new regulation requires that for claims that are less than $ 5000 must be settled through mediation to ease congestion in the court system. This is very helpful in ensuring that the courts handle few cases other than have many cases that could compromise the quality of judgment delivered. Mediation is also encouraged where the disputes are purely professional and not personal as this is less expensive, and the solution reached is likely to make each party satisfied.

Another reason that makes meditation a very effective way of handling disputes is the fact that the conflict is less likely to get publicized which is not the case if the matter was to end up in court. Publicity of wrangles in a project could hurt the reputation of the investment way before it is even completed. For internal disputes for example those involving employees and management, to mediate is the best way to resolve them as this will keep the matter internal.

Mediation is not only limited to internal disputes but could also cover external disputes like those involving the investment and landowner or the government. Mediation are more likely to yield acceptable solutions quickly and at a lower cost compared to court cases. Moving to court should be the last option for either party since the process could take long at cause frustrations.

There are also pre-action protocols that are laid down for construction and engineering contracts. These help to guide the parties on what to do prior to considering litigation in time of crisis. There are so many things that could cause disagreement and not all of them will have to end up in the court. Some issues are just trivial while others will cost both the parties involved dearly if they choose to go to court.

In conclusion, it is important to recognize that conflicts are inevitable in life but how you handle them is what matters most. As such, planning on how to resolve any arising disputes early enough is a move in the right direction. Moving to court should only happen after exhausting all the other dispute resolution mechanisms available.




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