Among the many unique challenges you may face on a daily basis during the course of a construction project, disputes are the most damaging. No matter whether it’s between owners and contractors, subcontractors and contractors, or contractors and material suppliers, these conflicts almost always result in a loss of time and money. Fortunately, there are a number of alternative dispute resolution (ADR) methods available, such as negotiation, mediation, and arbitration, to assist disputing parties in reaching a cost-effective and time-effective resolution.
Early evaluation of the dispute and your available methods of resolution is the best way of making sure you’re in a position to mitigate risk and reduce liabilities. A Montreal construction lawyer can help you avoid costly, time-consuming litigation down the line by assisting you in adding the appropriate ADR clause into your contracts.
Resolve Your Conflict With a Montreal Construction Lawyer
If you’re currently facing a construction dispute or a conflict that may soon boil over into a dispute, having skilled legal counsel by your side can be useful. Cotney Canada is known for providing contractors, subcontractors, and other construction professionals with the informed legal advice and representation they need to protect themselves and their business. A Montreal construction lawyer from our firm will be more than happy to take the time to draft the proper dispute resolution clause into your contract, along with other provisions that could help control cost and time.
Mediation is a voluntary process between disputing parties, overviewed by an unbiased mediator. This is generally a preferred option for parties looking to keep costs down, preserve their professional business relationship, and settle the dispute themselves without the need for a lengthy courtroom battle. Most mediations begin with introductions, an opening statement by the mediator, and opening statements by both parties. Afterwards, there’s a joint discussion followed by an opportunity for each party to meet with the mediator separately, negotiations, and closure. The agreement they reach is intended to be mutually beneficial.
Benefits of Mediation
Mediation is a popular method of ADR for a number of reasons, including that it’s typically more cost-effective and time-effective than litigation. In addition to efficiency, the very nature of having both parties work together toward a common goal increases the likelihood that the business relationship will be preserved. Finally, it also presents both parties with more control over the final settlement than they would have in litigation or arbitration. Instead of leaving the decision up to a third party like a judge or an arbitrator, the parties reach a mutually-beneficial resolution on their own terms.
That being said, successful mediation requires both a mediator with strong negotiation skills and parties who are willing to cooperate. If, for some reason, your mediation is unsuccessful, your case may require arbitration or litigation. No matter the nature of your dispute, a Montreal construction attorney from Cotney Canada will approach your case with tenacity and dedication. We have obtained favourable settlements in multiple cases throughout the years and are prepared to help you with your dispute, no matter whether you are seeking mediation, arbitration, or litigation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.