Mediation & Arbitration

Mediation, a form of alternate dispute resolution (ADR), is a process in which a neutral person, the mediator, helps two or more disputing parties communicate with one another to promote reconciliation, reach a settlement, or reach a mutual understanding between all disputants. In private mediation, the mediator has no authority to make a decision, and his or her sole responsibility is to find a position that all disputing parties can accept as a satisfactory resolution to their differences by using patience, persistence, stamina & optimism. Some of the advantages of mediation include:

  • Involves the individuals in the process
  • Deal with feelings and issues
  • Based on fairness & good judgment
  • Less expensive than litigation since mediator’s experience can quickly assess issues
  • A fast way to settle most disputes
  • Confidential & off the record as mediator can discuss strengths & weaknesses of case with all parties
  • Can maintain the business relationship of disputing companies by controlling discussion

In construction mediation, having a mediator with field experience on construction issues helps the process proceed with equity, accuracy, and expertise. In addition to having more than 40 years of construction experience, Mr. Charles has received extensive dispute mediation and arbitration training from the American Arbitration Association (AAA). The ADR training Mr. Charles has received, along with examples of ADR matters he has handled, is noted below.

Alternate Dispute Resolution Training
  • AAA Using Experts Effectively in Commercial & Construction Arbitration, 2014
  • AAA Construction Professionals Guide Web Seminar, 2013
  • AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing 2012
  • AAA Becoming a More Innovative Neutral or Advocate 2011
  • AAA Arbitrator Ethics & Disclosure 2010
  • AAA Chairing Arbitration Panel-Managing Procedures, Process, & Dynamics 2008
  • AAA Pro Se-Managing Cases Involving Self-Represented Parties 2007
  • AAA Dealing with Delay Tactics in Arbitration 2005
  • AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards 2004
  • AAA Construction Arbitrator II Training 2003
  • AAA Advanced Case Management Issues 2002
  • AAA Arbitrator Update Training 2001
  • AAA Construction Industry Mediator Training 1997
  • AAA Construction Arbitrator Training 1996
  • Southern Association of Steel Fabricators, Problem Management for Project Managers 1995
  • AAA Advanced Arbitrator Training 1994
  • AAA Advanced Arbitrator Training 1992
Examples (Not All-Inclusive)
  • ADR $12 million dispute, Bank Building, Atlanta, Georgia
  • ADR $7 million dispute, Olympic Stadium, Atlanta, Georgia
  • ADR $3.4 million dispute, Dredging Project, St. Petersburg, Florida
  • ADR $2 million dispute, Civic Center, Orlando, Florida
  • ADR $1.2 million dispute, Co-Generation Plant, Mulberry, Florida
  • ADR $1.9 million dispute, IRS Office Building, Memphis, Tennessee
  • ADR $3.5 million dispute, Squadron Operations Building, McConnell AFB, Wichita, Kansas
  • ADR $1.2 million dispute, Shopping Mall, Baton Rouge, Louisiana
  • ADR $3.2 million dispute, Power Plant, San Salvador, El Salvador
  • ADR $12 million dispute, National Football League Stadium, Houston, Texas
  • ADR $1.2 million dispute, Basketball & Hockey Arena, Atlanta, Georgia
  • ADR $1.3 million dispute, Oil Rig Drilling Platform, North Sea

In addition to ADR services, Lyle Charles offers business management coaching and construction claim analysis.

Mediation & Arbitration through the American Arbitration Association

Litigation is not always the most effective means of dispute resolution. In comparison to litigation, properly conducted arbitration can prove to be more expedient, less costly, and more confidential. For the construction industry, arbitration also offers the benefit of allowing an impartial party appointed arbitrator with experience in the subject matter to handle the dispute rather than someone with limited knowledge of the issues.

Upon completion of arbitration, the arbitrator(s) render(s) a final and binding decision called an “award” which, with very few exceptions, can be enforced similar to a court’s judgment without the chance of appeal. This offers a highly satisfactory and “final” resolution to the parties in a dispute.

Few construction consultants can boast the level of experience that Lyle Charles has. He brings his 17 years of experience in the construction, commercial contracting, and steel fabrication industries to the arbitration process by offering his arbitration services through the American Arbitration Association. He has served as a sole arbitrator, panel member arbitrator, and party appointed construction arbitrator. He also offers construction claims management services and business turnaround.