Comparing Civil Litigation To Construction Mediation San Diego

By Marissa Velazquez


A building process is normally very involving and it is easy for dispute to erupt between a contractor and his client. In situations where such incidences are not well handled, they usually end up in court. Both parties are therefore encouraged to seek reconciliatory measures in solving disputes. Construction mediation San Diego offers a number of benefits as compared to ways like legal processes. Here are some of the advantages of the reconciliatory means.

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.

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.

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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