Looking for a Contract Dispute Mediator in Dallas? Call Rasansky Resolution Center at (214) 275-5333.

While contract disputes can occur in any business arena, they are most common in the construction industry. While the business of construction contracting has never been simple, disputes over contract terms have risen considerably in the last two decades. As these contracts become more complex, contractual disputes seem to become more occurring even more-frequently.

The majority of construction contracts today include some form of alternative dispute resolution (ADR) in order to avoid the expense, time, and uncertainty associated with courtroom trials. The two most-common types of alternative dispute resolution include arbitration and mediation.

Arbitration vs Mediation

Even though arbitration is certainly an efficient way to handle contract disputes, it is far from perfect. For example, arbitration is binding and the final decision is up to the arbitrator. Because of the fact that arbitration is less than perfect, both owners and contractors have begun to seek a better method for settling disputes; a method where the parties involved control the process, the costs, and the final outcome. This is where mediation can be very helpful.

What is mediation? Mediation is a process whereby all parties work with an impartial mediator who helps them find ways to resolve their issues. Unlike litigation or arbitration, mediation is not one person making a decision, but rather a process of involving both parties in order to help them resolve their dispute.

While the goal of mediation is to resolve the conflict, neither party is required to accept any settlement offers or recommendations during the mediation process.

Time and Cost Factors

The fact that mediation is not binding means there may be fewer concerns over having all the details before working toward an agreement. What normally involves months of information gathering by lawyers can be substantially reduced or even eliminated when the parties choose to resolve their disputes through mediation. The time factor from filing to resolution is much less than litigation, and as such makes the process much less costly for both parties. Contract disputes can usually be resolved in a matter of days through mediation rather than the months or years it can take through traditional litigation.

If you would like to more information, or would like to schedule a date for mediation, please call Rasansky Resolution Center at (214) 275-5333.