When Private Mediation is a Better Choice than Trial

If you find yourself trying to settle a construction claim, you’ll need to decide how you want to approach the dispute. There are conditions that would facilitate either trial or mediation, and both are useful in their own ways. Before you make a serious decision about legal matters you should always consult an attorney or a construction claims expert. That said, this list should help you determine if trial or mediation would be a better resolution to your dispute.

Costs

If you have a rather large claim with significant costs, going to trial can help you recoup all of your losses. However trial is an all or nothing approach. If you are confident you can prove your side of the dispute, trial might be the only course of action you have to recover significant losses.

Private mediation is good when there is a reasonable sum of money at stake. What reasonable is depends on the circumstance, but you don’t want to mediate for millions if you can avoid it. Remember that mediation is exactly as it sounds: both of you will share blame most likely and payments may not be as high as you might like or need.

Evidence

If you don’t have sufficient documentation, going to trial is a losing bet. If you don’t have the facts to support your claim, face that and move on. It might not even be worth pursuing mediation without those. Of course, negotiation is always an option.

Of course, with facts in hands, a neutral third party knowledgeable in construction can be a life saver for you and your business.

Bio: Lyle Charles Consulting has provided expert witness assistance for more than 40 years. Lyle Charles is a state certified expert witness.