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.
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.
Reconciliation is faster than civil litigation. This kind of litigation cases can take up to a year to get trial. This is because the courts have a lot of uncompleted work which forces more immediate criminal problems into the schedule before any civil matter is handled. Reconciliation on the other hand can be scheduled very easily since the meeting will require setting up the time and place with the other party and the mediator.
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 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 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.
Reconciliation is faster than civil litigation. This kind of litigation cases can take up to a year to get trial. This is because the courts have a lot of uncompleted work which forces more immediate criminal problems into the schedule before any civil matter is handled. Reconciliation on the other hand can be scheduled very easily since the meeting will require setting up the time and place with the other party and the mediator.
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 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 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.
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