Increasing the Likelihood of Settlement in Chicago Construction Law Disputes

Construction law disputes can be some of the most complicated and complex cases that land on a Chicago attorney’s desk.  These cases involve numerous parties, thousands of pages of documents, and complicated technical issues.

Most attorneys know that, when possible, it is in the client’s best interests to settle—particularly when doing so will save the client a fortune in legal fees and will reduce the time spent litigating the case by months or even years.  As an attorney, there are several steps you may take to increase the odds of settling even the most complicated Chicago construction law disputes.

Early evaluation of the facts in the case is essential, so that there is less risk of missing essential questions of both law and fact.  One issue that often prevents settlement is the unrealistic expectations of the clients.  You must take the time to explain to your client what is a likely result and what is not.  The measure of damages in a given case can vary depending on facts and factors that cannot be understood without adequate investigation.  Only then can a client get realistic advice from counsel.Once your clients have an understanding of how the laws apply to the facts of their case, they will be more likely to compromise on certain issues.

Mediation can sometimes be useful at intermediate points in a case, even those that involve numerous parties.  Mediation should be scheduled to attempt to settle at least some of the issues in the case and limit issues that must go to trial.  A thoughtful and proactive mediator that asks questions of the parties and their counsel can help guide a resolution process that preserves the interests of all (or at least most) parties in maintaining good relations despite the current dispute.