How to Mediate a Construction Dispute

Summary: Mediation can save construction companies both time and money.

Private mediation is voluntary, but has an important part in construction disputes. Both parties benefit from confidentiality that comes with mediation, and the lawyers and experts who provide this service are working to help people deal with feelings and other problems. It’s most helpful when two parties want to maintain a relationship. It is also widely considered the quickest and one of the cheapest ways to settle disputes.

Construction claims management involves documenting everything involved with a dispute, and it’s an important part of any litigation related to the project. A construction consultant gathers all paperwork, organizes it and fills out any legal briefs required. This expedites the process, and ensures that you have all the paperwork you need to make your case. The consultant will go over the packet with you before hand and give you some ideas on what to expect and how to proceed.

Mediation itself only takes a few days to complete, but may be a little bit longer depending on the complexity of the situation. During mediation, try to listen to the other party and work with your impartial mediator. Be receptive to a middle ground if you want the best chance at success.

You may also find a construction expert witness handy if you cannot settle in mediation. An expert witness will help you clearly illustrate the points you are trying to make in plain language for a jury, which can make the difference in whether a case is successful or not. An expert witness is also useful in verifying evidence that has been disputed for one reason or another.


:: Lyle Charles Consulting offers turnaround services and project management assistant. Lyle Charles is also a certified expert witness, able to testify in trial proceedings.