Troubled businesses, mediation and alternative dispute resolution

Written by Lyle Charles

Construction Mediation has been practiced for decades now, it has saved construction businesses as well as commercial businesses from the pain and burden of prolonged litigation where court cases could go on for years from cases being filed at the court of first instance, to appellate courts, and sometimes even reaching as far as the supreme court. Mediation, in a sense, bypasses judicial proceedings by making the resolution of issues final and executory at one proceeding. Mediation helps businesses expedites the resolution of issues by helping parties arrive at a resolution to their problems wherein both parties are amenable to the terms of their mediation. Granting that this needs judicial recognition, this agreement cuts short the resolution of issues to a number of weeks or months instead of years. This saves your business and that of the other party to your contract a considerable amount of time and money that would rather go into the agreed upon construction project. Usually, mediation and construction claims come from a disputed clause in their contract where one party may be in breach while the other opposes the validity of such a clause. This is an actual problem that arises more often than businesses would want, and only the most experienced businesses has the strongest chances of coming out unscathed even when they are the ones being accused of breach of contract. But the fact remains is that even if one is liable for breach of contract, costs involved in mediation is significantly lower than a full blown trial.


Construction claim analysis is one indispensable service that you must always look for in a construction business consulting firm. If you are served with a claim, it’s always important to know before moving forward whether you can defeat it or not.