Mediation and Dispute Resolution

Construction projects can be tricky to navigate sometimes. If you feel like you are not getting the result you paid for or the GC is not holding up his end of the bargain, you may need to consider options for resolution. Let’s hope that your project goes smoothly and you never have to go down this road but it is important to know what to expect. 

1. Communication: Open and clear communication between all parties involved in the construction project is key. Misunderstandings and miscommunication can often lead to disputes, so it’s important to maintain regular communication to prevent conflicts from arising. This may take the form of weekly on-site meetings or regular email exchanges. Be sure to save any email communication in case questions come up later about who agreed to what and when. 
2.  Contract: This document is crucial to the fair and equitable execution of the project. Before you get too wound up about what has or hasn’t happened on the job be sure to review the contract you signed. It SHOULD cover all rights and responsibilities as well as a method for resolving disputes. Refer to the contract as often as necessary and don’t accept anything less (or expect more) than you agreed to. 
3. Mediation: Mediation involves a neutral third-party mediator who works with the parties to identify the issues and help them reach a mutually acceptable resolution. Mediation is often less costly and time-consuming than litigation.
4. Arbitration: Arbitration is a more formal process than mediation, but still less formal than litigation. It involves an arbitrator who hears both sides of the dispute and makes a binding decision.
5. Litigation: If other methods fail to resolve the dispute, litigation may be necessary. This involves taking the dispute to court, where a judge or jury will make a final decision. I would exhaust all other remedies before you go down this road and please DO NOT threaten to sue in an attempt to gain leverage. This is almost guaranteed to poison the air and make any further progress more challenging. 
6. Alternative dispute resolution (ADR): ADR methods, such as mediation and arbitration, are often preferred over litigation because they can be less costly and time-consuming. ADR methods can also help to maintain a working relationship between the parties involved in the dispute. Usually, the contract will spell out which method is to be used if a dispute arises.