Alternative dispute resolution (ADR) includes multiple non-litigation methods for settling disputes. It can be very effective in the construction industry for several reasons. If you are involved in a construction dispute in California and you want to save time, money, and frustration settling it, choosing an ADR method is a good idea.
ADR includes both mediation and arbitration, which are quite different from one another. Arbitration is an adversarial process, where parties present evidence and an arbitrator issues an award. The award is as enforceable as a court judgment. Mediation is settlement negotiation facilitated by a third party neutral with no interest in the outcome. He or she is highly trained in the arts of conflict intervention and facilitating the negotiations of others. The mediator assists parties in reaching a solution that is in the best interest of everyone involved. Mediation is more likely to result in “win-win” results than any other form of dispute resolution.
Both are effective in construction disputes for several reasons. First, the third-party neutral is usually already familiar with the industry, so you don’t waste time “catching up” the person that will help you find a solution. Second, ADR works well for settling complex contract disputes, which are quite common in the construction industry. And finally, ADR makes it possible to continue mutually beneficial relationships once the settlement is reached.
If you are involved in a dispute in California and you believe ADR could help you settle the matter quickly and efficiently, Daniel Yamshon can help. To learn more or to schedule a consultation, contact Daniel at 916.446.4817 or by email at [email protected]