A steel fabrication expert is commonly called upon when something has gone wrong in a project. For example, there may be a great disparity between the initial bid estimate and the payments being requested or when more work is being demanded due to changes in the design than was originally contemplated and bargained for. A steel fabrication expert realizes that these issues may create tension between parties. However, he or she also knows the expense and time related to pursuing litigation over these types of issues. Therefore, a steel expert may recommend the parties pursue mediation to resolve their differences and get the project back on track.
One advantage of mediation is that it allows the parties to work out a solution that works for them. While a court has the power to order one party to perform the terms under the contract or to even cancel the contract, these remedies may not be the solution that the parties desire. Instead, the parties can make changes to the contract that they see fit without the time and expense necessary to get the court to rescind or modify the contract.
For example, the parties may agree that a new payment schedule needs to be reflected due to increased work. Alternatively, they may agree that additional work should be completed by one party without charge due to a unilateral mistake. Because mediation focuses on facilitating communication between the parties, the results that arise from a successful mediation session are the product of the combined interests of the party. The mediator can often help the parties find common ground and get them to preserve the business deal rather than having to start over with other parties. While the mediator may make suggestions about how to amicably resolve the issue, it is ultimately the parties’ decision whether to agree to such a solution.