Alabama construction disputes have become so common, that most construction contracts now contain clauses requiring some form of alternative dispute resolution in an attempt to avoid lengthy and expensive litigation. While the most common form of alternative dispute resolution for construction disputes is arbitration, contrary to popular belief, it is not always less costly than a traditional lawsuit. However, Alabama construction mediation is available to parties involved in construction disputes who are seeking a better way to resolve their claims outside of the court room. Alabama construction mediation has proven to be very effective in resolving construction disputes in a more cost-effective and timely manner than litigation or arbitration.
Construction mediation is a voluntary and confidential out-of-court procedure where the parties to a construction dispute are assisted in their attempts to negotiate a settlement agreement by an impartial mediator who facilitates productive communications and sometimes offers proposed solutions to the mediating parties. The mediator does not render a decision on the disputed matter like a judge or arbitrator. Rather, the parties themselves control the outcome of the mediation by reaching their own mutually satisfactory resolution.
Many construction disputes reach resolution in just a few mediation sessions, with the costs typically being split between the parties, resulting in nominal expenses when compared to a traditional lawsuit or even arbitration. Once a final settlement agreement has been negotiated, it is memorialized in writing for attorney review, and then signed by the mediating parties. Considering all the advantages of mediation, it is not surprising that it is quickly becoming the alternative dispute resolution method of choice in construction disputes.