Differences arising between an investor and his building contractor are not a new thing. Such disputes if mishandled will many at times lead to a legal process. Both parties are therefore encouraged to iron out such differences through reconciliation processes. Construction mediation San Diego has offered people better conflict resolutions as opposed to legal tussles. Shared here are some of the advantages in comparison to civil litigation.
In comparison to civil litigation, reconciliation is considered a cheaper way of solving differences. Legal tussles are always not cheap especially if prolonged and could result in other negative impacts to the construction company like detention of an employee. Reconciliation is however a better option since it can reach a better solution in a short span of time.
As opposed to court processes, reconciliation is faster. Most of these cases would run for as long as one year if the legal avenue is pursued. This can be explained by the fact that courts handle numerous criminal cases some of which are urgent therefore civil matters hardly get first priority. When a problem is to be tackled through reconciliation, both parties agree on a convenient time and venue which means that shorter time is taken to handle the problem.
During reconciliation, the two parties participate fully and can contribute to their own solutions through expression their opinions and concerns. This is not so during a civil litigation case. The lawyers representing each party seek the interest of their client and are more concerned about winning rather than settlement.
In reconciliation, both parties are involved in finding the root cause of the problem and they both take part in solution finding as opposed to a court case where they battle their way before a jury. The mediator usually has necessary proficiency in resolving matters with high emotional ties. He employs the right tone and words when talking to the involved parties.
Reconciliation looks more into the future and not what has already happened. This is because it is aimed at reaching a settlement and giving an opportunity to the warring factions to work together to complete the project. It also allows suggestions for smooth trade in the days to come. Unlike in reconciliation situation, a civil suit ends in a ruling made by the jury which gives no room but to be followed and in most cases only favors one party which could result in enmity.
With reconciliation the parties are always assured of confidentiality as the process is usually conducted in privacy. The mediator always allows for a conducive environment that safeguards the privacy of both parties and no information is to be accessed by people out of the session. This is unlike court cases where members of the public are allowed to attend.
In most cases, the aggrieved parties are entitled to approve the qualifications of the mediator unless it is stipulated otherwise in the relevant project contract. Many building contractors prefer to work with a moderator with expertise in construction mediation San Diego who is non-partisan to either side. In a civil case, the parties have no choice of magistrate.
In comparison to civil litigation, reconciliation is considered a cheaper way of solving differences. Legal tussles are always not cheap especially if prolonged and could result in other negative impacts to the construction company like detention of an employee. Reconciliation is however a better option since it can reach a better solution in a short span of time.
As opposed to court processes, reconciliation is faster. Most of these cases would run for as long as one year if the legal avenue is pursued. This can be explained by the fact that courts handle numerous criminal cases some of which are urgent therefore civil matters hardly get first priority. When a problem is to be tackled through reconciliation, both parties agree on a convenient time and venue which means that shorter time is taken to handle the problem.
During reconciliation, the two parties participate fully and can contribute to their own solutions through expression their opinions and concerns. This is not so during a civil litigation case. The lawyers representing each party seek the interest of their client and are more concerned about winning rather than settlement.
In reconciliation, both parties are involved in finding the root cause of the problem and they both take part in solution finding as opposed to a court case where they battle their way before a jury. The mediator usually has necessary proficiency in resolving matters with high emotional ties. He employs the right tone and words when talking to the involved parties.
Reconciliation looks more into the future and not what has already happened. This is because it is aimed at reaching a settlement and giving an opportunity to the warring factions to work together to complete the project. It also allows suggestions for smooth trade in the days to come. Unlike in reconciliation situation, a civil suit ends in a ruling made by the jury which gives no room but to be followed and in most cases only favors one party which could result in enmity.
With reconciliation the parties are always assured of confidentiality as the process is usually conducted in privacy. The mediator always allows for a conducive environment that safeguards the privacy of both parties and no information is to be accessed by people out of the session. This is unlike court cases where members of the public are allowed to attend.
In most cases, the aggrieved parties are entitled to approve the qualifications of the mediator unless it is stipulated otherwise in the relevant project contract. Many building contractors prefer to work with a moderator with expertise in construction mediation San Diego who is non-partisan to either side. In a civil case, the parties have no choice of magistrate.
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