Construction disputes are notoriously complex, expensive, and lengthy. These disputes may involve dozens of individuals, such as contractors, engineers, subcontractors, property owners, and others who may be impacted by the faulty construction of a building. In especially advanced construction projects, thousands of documents may need to be carefully studied by attorneys to determine which entity may be liable for construction defects. Construction mediation in Arkansas and Tennessee provides a faster, more efficient method of resolving these disputes. During construction mediation in Arkansas and Tennessee, the parties meet with a third party neutral called a mediator to attempt to compromise and resolve their disagreements.
Many construction disputes need to be quickly resolved. For example, if a condominium building is at the center of a dispute, the tenants in that building may need the repairs completed as quickly as possible. Rather than wait several years for a trial to resolve the dispute, the homeowners association may agree to mediate the case. The parties may schedule mediation as soon as they like, which allows them to work out a solution to their case much sooner. The mediated agreement is incorporated into the settlement, thus finalizing the case months or years earlier than if a trial had become necessary.
Mediation also provides greater flexibility than do courtroom trials. During mediation, the parties may be as creative as they like as they draft the terms of their agreement. In contrast, judges may be limited in the orders they issue at the end of a trial.