Construction Mediation
Dispute Resolution in Construction, Contract Disputes/ Formation & Community Issues
Alternative dispute resolution processes (alternative to court proceedings) are being recognized more and more as a useful mechanism for resolving conflict. These alternative processes offer all parties an opportunity to resolve their conflicts and disputes prior to taking or continuing costly legal action. KING MEDIATION provides dispute resolution processes where disputes are managed in a more private setting and in a way that is much more economical and much less time consuming and stressful.
In the construction industry many disputes and conflicts can easily arise that can lead to unhappy customers and clients. Often times conflict and disputes on a project can lead to termination of relationships, lost business and costly legal battles that can have devastating and long lasting effects. Effective dispute resolution processes such as mediation allow the parties to maintain or create a working relationship that will benefit the business organization and those associated with it in the future.
KING MEDIATION provides efficient, economical and positive resources that promote business and customer satisfaction. Our goal and philosophy is to guide the parties to non-confrontational constructive communication and to facilitate discussions that lead to fair and workable solutions and resolution.
Below is some useful information to help familiarize you with dispute resolution options and the benefits KING MEDIATION offers.
IMPORTANT TO KNOW:
- While claims are very much part of the contractual process, surprisingly,very few contractors have strategies in place to mitigate or even dealwith such matters.
- A substantial amount of disputes and many headaches can be avoided byimplementing proper dispute resolution procedures at the outset of a project.
- There is a lot of uncertainty in the beginning of a project that can besolidified through this process.
- Experience has shown that involvement in the early stages of a disputecan lead to the satisfactory settlement of the conflict.
- The process is one of integrity and fairness. When disputes arise it iscritical that all parties sit down with a neutral third party mediatorwho is experienced in opening up diologue and assisting the parties negotiatea settlement.
THINGS TO CONSIDER
- 1/3 of custom building projects end in dispute.
- 1/3 of commercial building projects end in dispute.
- 1/3 of construction projects end in dispute.
- Dispute can lead to Foreclosure.
- Disputes can lead to one’s licence being revoked, or at least putit in jeopardy.
- Disputes can substantially raise one’s insurance premiums.
- Disputes can lead to long, drawn out legal battles which include counter-claims,uncertain judgments, attorney’s fees, fees for experts, courts fees,etc.
- Disputes delay projects which equals opportunity lost and money lost.
- Disputes can lead to harmful accusations.
- Disputes can lead to negative publicity.
- Disputes can severely damage one’s reputation.
- Disputes can lead to bankruptcy.
- Disputes lead to failed expectations and disappointment in the projectand final product.
- Serious early or mid-program disputes can lead to the cancellation ofthe project or your termination from the project.
- Disputes can lead to a freeze on the funding of the project.
- Disputes can cause long term deterioration of the business relationshipand resentment.
ADVANTAGES TO WORKING WITH KING MEDIATION
- Confidentiality: Disputes remain private and confidential.
- There is clarity in the project goals and expectations.
- Open Dialogue.
- The project is assured to move along (important with loans and complicationsfrom weather).
- Movement and Closure on a project.
- The workers can continue to do what they do best, work!
- The parties get money when due and on time.
- Avoid bankruptcy, liens, foreclosure, law suites, extreme legal fees.
- Expectations are controlled and tempered.
- Change order facilitation and clarity.
- Trust is established, developed and maintained.
- Our program fosters respect and cooperation.
- Goals are more easily achieved.
- A cooperative environment is provided.
- Substantial savings in time, money, opportunity.
- There is minimal disruption, if any, to working relationship.
- Improved morale stems from conflict-free environment.
- Can focus on the job rather than potential claims.
- Successful, profitable contracts.
- Projects completed on schedule.
- Cost overrun reduced by two thirds.
- Reduction in paperwork (up to 66 percent).
- Reduced modifications (by 29 percent).
- Time overruns reduced (by 26 percent).
Please contact us to discuss your needs at no cost for an initial consultation.