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.
In a normal reconciliation, the aggrieved parties are expected to bring up the contentious issues and are expected to point which way forward and the probable solutions. This arrangement does not apply to a civil litigation process. The legal representatives of the aggrieved persons defend their respective interest with the aim of wining the case and care not about settlement.
Through reconciliation the source of the dispute is investigated in greater detail and the two parties work together unlike a civil litigation case where they blame each other in front of a judge. The mediator has skills on how to negotiate on problems which involve high emotions. He knows the right words and tone to use when addressing the two parties in the reconciliation room.
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.
In a normal reconciliation, the aggrieved parties are expected to bring up the contentious issues and are expected to point which way forward and the probable solutions. This arrangement does not apply to a civil litigation process. The legal representatives of the aggrieved persons defend their respective interest with the aim of wining the case and care not about settlement.
Through reconciliation the source of the dispute is investigated in greater detail and the two parties work together unlike a civil litigation case where they blame each other in front of a judge. The mediator has skills on how to negotiate on problems which involve high emotions. He knows the right words and tone to use when addressing the two parties in the reconciliation room.
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.
About the Author:
In order to become better informed about construction mediation San Diego residents should first review the details here at www.1stengineer.com. To learn more, simply check out this homepage on http://www.1stengineer.com.
No comments:
Post a Comment