Differences arising between an investor and his building contractor are not a new thing. Such disputes if mishandled will many at times lead to a legal process. Both parties are therefore encouraged to iron out such differences through reconciliation processes. Construction mediation San Diego has offered people better conflict resolutions as opposed to legal tussles. Shared here are some of the advantages in comparison to civil litigation.
Reconciliation is usually a cheaper way of solving problems unlike court processes. Legal procedures can be relatively costly and especially when the case runs for a long time, in a worst case scenario someone could be detained dealing a blow to the construction company. On the other hand, such reconciliatory procedures usually aim at the same results or even better options in a short time which means lower cost.
Reconciliation is always faster than a court process. Due to the fact that the courts have a backlog of cases to handle, such a case can run for as long as one year to full trial. Some criminal cases are deemed by the courts more urgent thereby pushing back such civil suits. On the other side, reconciliation would take a shorter time since it only requires the concerned parties together with a moderator to agree on time and venue.
Reconciliation processes allow the aggrieved parties ample time for full participation to come up with their own solutions through a deliberation of their opinions and concerns. This is never accommodated by a court process. Legal representative for both parties are usually keen to defend their clients and geared to win the case than 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.
In most cases reconciliatory engagements focuses on the way forward instead of basing on the previous experience. This is always good since the parties are allowed a window of settlement and carry on with the work up to finalization of the project. It also allows them to device ways of avoiding such problems in the future. A court case always ends up with a ruling of the court which is final and both parties are compelled to abide by that. Since such a verdict will always favor one side, it might result in enmity between the two parties.
With reconciliation the parties are always assured of confidentiality as the process is usually conducted in privacy. The mediator always allows for a conducive environment that safeguards the privacy of both parties and no information is to be accessed by people out of the session. This is unlike court cases where members of the public are allowed to attend.
A Reconciliatory process gives the parties an opportunity to vet the mediator except when it is agreed on the contrary in the project contract. Many building contractors like working with an expert in construction mediation San Diego who does not take any side but insists on fairness for the two parties. In a civil case, the parties have no say on the choice of a judge who is to preside over their case.
Reconciliation is usually a cheaper way of solving problems unlike court processes. Legal procedures can be relatively costly and especially when the case runs for a long time, in a worst case scenario someone could be detained dealing a blow to the construction company. On the other hand, such reconciliatory procedures usually aim at the same results or even better options in a short time which means lower cost.
Reconciliation is always faster than a court process. Due to the fact that the courts have a backlog of cases to handle, such a case can run for as long as one year to full trial. Some criminal cases are deemed by the courts more urgent thereby pushing back such civil suits. On the other side, reconciliation would take a shorter time since it only requires the concerned parties together with a moderator to agree on time and venue.
Reconciliation processes allow the aggrieved parties ample time for full participation to come up with their own solutions through a deliberation of their opinions and concerns. This is never accommodated by a court process. Legal representative for both parties are usually keen to defend their clients and geared to win the case than 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.
In most cases reconciliatory engagements focuses on the way forward instead of basing on the previous experience. This is always good since the parties are allowed a window of settlement and carry on with the work up to finalization of the project. It also allows them to device ways of avoiding such problems in the future. A court case always ends up with a ruling of the court which is final and both parties are compelled to abide by that. Since such a verdict will always favor one side, it might result in enmity between the two parties.
With reconciliation the parties are always assured of confidentiality as the process is usually conducted in privacy. The mediator always allows for a conducive environment that safeguards the privacy of both parties and no information is to be accessed by people out of the session. This is unlike court cases where members of the public are allowed to attend.
A Reconciliatory process gives the parties an opportunity to vet the mediator except when it is agreed on the contrary in the project contract. Many building contractors like working with an expert in construction mediation San Diego who does not take any side but insists on fairness for the two parties. In a civil case, the parties have no say on the choice of a judge who is to preside over their case.
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