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Just like any other type of business in California, construction disputes can arise between property owners, contractors and subcontractors. Construction disputes can be costly and time consuming. However, there are several methods for resolving a construction dispute in a way that is acceptable to all involved. Negotiating a resolution before the dispute begins Sometimes it is possible to agree to a dispute resolution method before one arises. The parties to the construction contract may be able to negotiate an agreement prior to beginning work that if a dispute arises, the parties will try to reach a resolution between themselves before turning to other forms of relief. Mediating a dispute One form of alternative dispute resolution is mediation. The mediator is a neutral third party who facilitates discussions between the parties to the dispute as they work together to reach a satisfactory resolution. Mediation is not legally binding, but it can save time and money, as well as preserve a relationship that would otherwise deteriorate. Arbitrating a dispute Unlike a mediator, an arbitrator is a decision-maker. Arbitration is similar to a trial, but with different rules and requirements. In general, each side to the dispute will provide documents and facts to

When you have a legal dispute in California, is your only choice to litigate the matter in a trial? The trial process can be lengthy and expensive. For this reason, some individuals with legal disputes choose to arbitrate their issue, rather than immediately resorting to litigation. What is arbitration? Arbitration is an alternative dispute resolution process. Through arbitration, the parties along with their attorneys will have a hearing in which they will submit evidence and argue their case before an arbitration. The arbitrator is a neutral third-party and arbitration is a private process. The arbitrator will issue a decision about the dispute. This is different from mediation, as a mediator is not a decision-maker. The arbitrator may simply announce that they made a decision while other times the arbitrator will expand on that decision and provide their reasoning for coming to their conclusion. Arbitration can be binding, meaning the decision is enforceable by a court, or it can be non-binding meaning it will be final only if both parties accept it. What are the benefits of arbitration? Arbitration is similar to a civil trial, but arbitration is generally completed quicker and is less formal. Oftentimes the parties do not need

There has been an increasing use in recent years of Alternate Dispute Resolution (ADR) options to settle disputes that previously would have been litigated. This is particularly important in situations where the opposing parties wish to preserve their partnerships or business relationships after the issues have been resolved. Why should you choose ADR? The benefits of ADR are numerous. First of all, the expense is a fraction of the cost associated with litigating a dispute, which include attorney billing, the fees associated with numerous motions and discovery, as well as other court filings and appearances. Litigation is by nature contentious, with both sides having a tendency to dig in their heels the longer the process goes on. And of course, the longer the process, the more expensive it is. There is more privacy and confidentiality in ADR cases. Where keeping the details of highly sensitive corporate information confidential is of paramount importance, the ADR option will provide a screen from the public eye that a public litigation cannot provide. This is of benefit to companies who wish to minimize future claims, especially in employment and discrimination settlements. If preserving business or employer-employee relations is of vital interest to the parties

Legal trials may not always be the best way to resolve legal disputes. Sometimes, alternative dispute resolution can be a cheaper, quicker and less stressful means to settle disputes. California uses ADR methods such as mediation, settlement conferences, neutral evaluation and arbitration. Arbitration A neutral arbitrator hears arguments and evidence from each party and then decides the dispute outcome. Arbitration is less formal than a trial. Arbitrations may be binding. Parties waive their rights to a trial and agree that the arbitrator’s decision is final. Usually, bindings decisions cannot be appealed. In nonbinding arbitration, the parties may request a trial if they do not accept the arbitrator’s decision. Penalties may apply if trial does not result in a more favorable decision. Arbitration may be appropriate if the parties want another person to decide their dispute without undergoing a trial. It is also helpful in complex matters where an arbitrator’s  training and experience can deal with a dispute’s technical matters. Mediation An impartial mediator assists the parties with reaching a dispute resolution. Mediators do not decide disputes but help the parties communicate and reach their own resolution. Qualified mediators listen to the parties and help them effectively and positively communicate with