When Construction Conflicts Require Mediation Or Arbitration
While litigation, lawsuits and courtroom wins are traditional areas of strength at Clary | Suba | Neale, we are well aware that direct confrontation before a judge is not the only way to protect clients’ positions in construction-related disputes.
We are construction law attorneys who have assisted many clients in resolving construction-related conflicts through alternative dispute resolution (ADR) methods, including mediation and arbitration. Regardless of whether a dispute is still in the rumor stage or has already escalated to the point of costly litigation, we are confident that we can help protect your rights and interests thanks to our deep knowledge and broad experience in construction contract dispute resolution.
Mediation Versus Arbitration For Resolving Construction Contract Disputes
You may not have a choice as to how to resolve a breach of contract claim or any contract-related dispute. Your construction contract may have stipulated that mediation or arbitration would be the way to resolve disputes. Below are some general considerations to keep in mind as your case heads for mediation or arbitration.
Mediation for construction contract dispute resolution has the following benefits and processes:
- Mediation is a nonbinding process where a neutral third-party mediator assists the parties in reaching a mutually acceptable resolution to their dispute.
- The mediator is not a decision-maker and does not have the power to impose a settlement on the parties.
- Mediation is often less formal, less time-consuming and less expensive than going to court or arbitration.
- Mediation can be voluntary or required by the contract between the parties.
If mediation is optional and either party becomes dissatisfied, then a court case may be a last resort. We are experienced Baton Rouge construction law mediation lawyers who are ready to guide you to a favorable outcome by the most appropriate method.
Construction contract arbitration processes are very briefly summarized below:
- Arbitration is a binding process where a neutral third-party arbitrator or panel of arbitrators hears evidence and arguments from both parties and issues a final, binding decision.
- Arbitration can be less formal than court proceedings, but the parties must still comply with the procedural rules and requirements set out in the arbitration agreement or by the arbitrator.
- The decision of the arbitrator or panel of arbitrators is final and can only be appealed on very limited grounds, such as fraud, corruption or misconduct.
- The outcome of the arbitration is typically confidential but has the same power as a verdict reached in court.
In Louisiana, specific rules and laws govern construction mediation and arbitration. For example, the Louisiana New Home Warranty Act provides for mandatory pre-litigation mediation and requires a homeowner to provide written notice to a contractor before filing a lawsuit for construction defects.
Get Answers And Direction Now
Discuss your construction contract dispute with one of us and determine the best course of action. Request a consultation and case analysis with a construction dispute resolution lawyer at Clary | Suba | Neale in Baton Rouge. Call 225-228-3694 or send an email inquiry to get your case started.