Construction is an industry full of opportunities and risks. The main reason is that contractors have to deal with many ups and downs during the building process to deliver projects successfully. Sometimes, they have to face disputes owing to delays, disruption, or defects in the construction. Once such a situation occurs, the claimants select the most suitable process of dispute resolution. In this regard, mediation is considered the best way to get through claims successfully without damaging the projects at large.
Are you facing the threats of claims in construction? You can bring the claimants to the table of mediation for finding a quick way to deal with the issues in collaboration. Seems interested? Read the article to get some useful insights to make the process successful!
What is mediation in construction?
Before moving further to the essential guidelines, let’s first understand the concept of mediation:
Generally, mediation is a voluntary act to bring conflicting parties to a common agreement without legal bindings to comply with the decision.
It is referred to as alternative methods for resolving disputes with respect to other methods, including early natural detection of the issues and resolve and arbitration. It is considered an informal process of finding the resolution of a problem in the presence of an independent and neutral mediator.
When should mediation be considered?
Mediation is regarded as a middle way of resolving the issues through communication and negotiation. The process is significantly cost-effective and workable when it comes to construction projects.
It is imperative to understand that mediation should be conducted as early as possible after the dispute. The reason is that delays in resolving the issues can lead to prolonged project delivery. Therefore, contractors should acquire the construction claims consultants Dubai based services to make the process of mediation successful settlement.
Top Tips for conducting mediation in construction disputes
Nevertheless, mediation is an essential technique for handling disputes in construction. It helps in eliminating the conflicting things between the contracting parties and build good relationships. Consequently, the projects are completed in due time without getting derailed by the conflicts and confusion.
Be pro-active for the mediation process
The first and foremost important task is to show readiness for a quick resolution to the issues. It is because contractors can resolve issues by pro-actively considering the point where everything went in the wrong direction and resulted in the claim.
It will help them objectively understand the issues for necessary assessment and decision making on mutual consent. All the involved parties should have equal representation while conducting the process.
Ensure effective cooperation
It is imperative to understand that no one can win a dispute. The only way to ensure a win-win for all and sundry is by cooperation. Therefore, contractors should offer higher involvement in the process of mediation to get the problem solved as earliest as possible.
No doubt, it helps in fostering a supportive culture in the construction working environment. It is a place where everyone understands the limitations of dealing with complexities in a project and let the disrupting elements go for successful project completion.
Stay prepared for the adversary
There is no denying that mediation offers a lucrative opportunity to make decisions in the most complicated situations. It enables the contractors to opt for a middle way to make things better for working.
However, risks and uncertainties are always there in the very nature of the projects. So, disputing parties should prepare themselves for facing the adversaries also. It is because one party may be liable for compensation for the damages to realign the project. The critical aspect should be considered for a must to avoid suspension of the projects.
Hire an experienced facilitator
Last but not least, mediation significantly involves negotiation under the supervision of an experienced mediator. Therefore, the contractors should consider getting help from the facilitators in the process of evaluating the arguments of all parties and decide the matter. The decision is a non-binding obligation on the parties, and so it should be unbiased.
For this purpose, the contractors can rely on experienced construction claims consultants in Dubai for playing the role of mediators in the process. Mostly, their presence can resolve the issues of selecting appropriate dispute resolution methods for evaluation of the disputing incidents.
Keynote: Mediation is the best solution for construction disputes
Summing up, the construction sector is full of opportunities and risks. The contractors should keep the projects aligned with requirements to avoid delay and disruption. It is because such factors result is claimed. The best way to deal with the claim in construction is to go for mediation.
Remember! Mutual understanding and cooperation are the keys to a successful mediation in construction disputes. Make sure you are ready to put your maximum effort into dispute resolution.