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 very cost effective means of settling a dispute as compared to civil litigation. Court battles can be very expensive, and can lead to loss of an employee which is another big expense to the construction company. However, reconciliation is able to achieve the same results or even better with fewer expenses because the process does not take long.
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.
During reconciliation, the two parties participate fully and can contribute to their own solutions through expression their opinions and concerns. This is not so during a civil litigation case. The lawyers representing each party seek the interest of their client and are more concerned about winning rather than settlement.
In reconciliation, both parties are involved in finding the root cause of the problem and they both take part in solution finding as opposed to a court case where they battle their way before a jury. The mediator usually has necessary proficiency in resolving matters with high emotional ties. He employs the right tone and words when talking to the involved parties.
Reconciliation looks more into the future and not what has already happened. This is because it is aimed at reaching a settlement and giving an opportunity to the warring factions to work together to complete the project. It also allows suggestions for smooth trade in the days to come. Unlike in reconciliation situation, a civil suit ends in a ruling made by the jury which gives no room but to be followed and in most cases only favors one party which could result in enmity.
Reconciliation processes usually give the parties privacy since such issues when exposed, can tarnish a company reputation. The moderator sets the rules of engagement, which has a provision for confidentiality between the parties present. This is another advantage since court proceedings are open to the public.
In reconciliation, both parties are able to check the background and experience of the mediator unless he is specified in the disputes resolution part of the project contract. Most of the building contractors prefer a mediator specialized in construction mediation San Diego and is fair and just to both parties. In civil litigation the two parties have no option in the choice of the judge and even the jury.
Reconciliation is very cost effective means of settling a dispute as compared to civil litigation. Court battles can be very expensive, and can lead to loss of an employee which is another big expense to the construction company. However, reconciliation is able to achieve the same results or even better with fewer expenses because the process does not take long.
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.
During reconciliation, the two parties participate fully and can contribute to their own solutions through expression their opinions and concerns. This is not so during a civil litigation case. The lawyers representing each party seek the interest of their client and are more concerned about winning rather than settlement.
In reconciliation, both parties are involved in finding the root cause of the problem and they both take part in solution finding as opposed to a court case where they battle their way before a jury. The mediator usually has necessary proficiency in resolving matters with high emotional ties. He employs the right tone and words when talking to the involved parties.
Reconciliation looks more into the future and not what has already happened. This is because it is aimed at reaching a settlement and giving an opportunity to the warring factions to work together to complete the project. It also allows suggestions for smooth trade in the days to come. Unlike in reconciliation situation, a civil suit ends in a ruling made by the jury which gives no room but to be followed and in most cases only favors one party which could result in enmity.
Reconciliation processes usually give the parties privacy since such issues when exposed, can tarnish a company reputation. The moderator sets the rules of engagement, which has a provision for confidentiality between the parties present. This is another advantage since court proceedings are open to the public.
In reconciliation, both parties are able to check the background and experience of the mediator unless he is specified in the disputes resolution part of the project contract. Most of the building contractors prefer a mediator specialized in construction mediation San Diego and is fair and just to both parties. In civil litigation the two parties have no option in the choice of the judge and even the jury.
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