Getting into a dispute while working on a construction project can feel scary. After all, you are often working with high stakes. Construction projects are costly, and it takes a lot of time and effort to organize every involved party.
Thus, the idea of litigating a dispute can add even more stress to your plate. But do you even need to turn toward litigation?
Arbitration vs. litigation
FINRA discusses ways of handling potential construction disputes. Of course, litigation is a potential option. But taking someone to court has its downsides. For example, it will cost you a lot of time and money to go through the process. The amount of money you lose during this time can sometimes be more than the amount you are disputing over, nullifying the point of going to court in the first place.
Instead, you might want to first examine alternative methods of dispute resolution. First, there is arbitration. This is most similar to litigation. An arbitrator holds power like a judge. They listen to you present your case and make a decision on what to do based on the testimony provided. This is a legally binding decision that all parties must carry out. However, you do not need a court date, and you can save money as well.
Mediation is best for people with disputes they already think they have a good chance of working out on their own. A mediator cannot make any decisions for you. But they can offer guidance and direct a conversation. They may offer tips and opinions, as well as their thoughts. They ensure all parties have a chance to speak, too. Each option works well in different situations, so it is up to you to decide which fits yours.