Mediation As One Of The Settlement of Dispute

mediationThere are just as many reasons to be prepared for possible mismanagement as there are to build in the first place. Mismanagement can be caused by many different factors and can take many different forms, and it is imperative to be prepared for this when preparing to build any project, large or small. Being prepared can make a huge difference in how well a project is completed.

Planning and Preparing Sometimes is not Enough to Avoid All Problems

Planning and preparing for a building project can take months to complete. Many different individuals and teams are involved, and all must work together for the project to be completed. Possible problems causing delays in construction can include the following:

  • late or inconsistent deliveries of required materials,
  • changes in the order of materials delivered,
  • budget discrepancies,
  • incorrect research regarding local municipal codes,
  • conflicting time frames, and
  • inaccurate or incomplete rock and soil composition reports.

Lyle Charles

Sometimes unexpected constraints from outside the project, such as burial ground legislation and mineral rights, can also become issues. These issues can not only delay a project from being completed, but it can also halt a project’s progress until further research into the problem has provided an answer, or possibly even until a court decision has been given regarding the issue. Because of this, it is important to have access to a mediator with experience in this area. Many mediators are qualified to mediate civil disagreements, but most civil issues are not as complicated as steel construction, and few mediators are qualified in the industry. One mediator, Lyle Charles, head of Lyle Charles Consulting, has successfully mediated several disputes, saving several projects from the fate of being unable to be completed, while also saving project investors’ money, totaling several thousand million dollars.

deal process

Why Mediation is Better than Litigation

When problems arise as a result of someone, either an individual or a corporate entity, not fulfilling their responsibilities, a snowball effect is often seen. Inter-dependency helps projects flow smoothly, but any breakdown in the system can create chaos. When problems do arise, many feel they want to take the matter into court to force the offending party to comply. Often, this isn’t needed. Mediation is more conducive to construction, as well as many other industries. This is true for several reasons. Mediation is more private and discrete, protecting the privacy interests of those involved. Mediation also sends a message to the other party that you are dissatisfied with the way things are progressing, but that you are willing to discuss matters with them. This avoids the embarrassment and loss of mutual respect that court cases often cause. Another issue that can make mediation more beneficial in disputes is that judges often don’t have the specialized knowledge that some mediators possess.

Mediation can make the difference in the outcome of disputes arising during steel construction projects. After working out the differences, successful mediation may even create the environment for other projects in the future that will proceed much more smoothly.