Construction companies and contractors do not want their names tainted by being involved in litigation. Just imagine the negative impact a prospect of a lawsuit has on a developer or property owner’s decision on what company to trust with the limited dollars that are supposed to create a profitable and well-built structure! As construction law attorneys know, architectural and construction cases are some of the most difficult and complex claims for attorneys, judges, and juries to understand and present. For any construction case, there may be a dozen players involved, and a complicated interplay of communications, personalities, materials science and engineering can quickly become confusing.
Although judges are sometimes very knowledgeable in intricacies of the law, the complex issues construction case can present may still be confusing to even the most seasoned judge. Rather than risking damage to a case due to a bit of confusion on the part of the judge or jury, many attorneys have begun mediating their construction law disputes in the Chicago area, and have experienced great success in doing so.
One major benefit of mediation for construction law disputes is that it allows the parties greater flexibility in the resolution of their cases. They can leverage their needs and relationships in a manner that gets greater value for time invested than a trial often can accomplish. With a trial, there is only a set means allowed to present and argue the issues of the case and to receive a ruling from the jury or judge. Often the issues for the parties transcend money damages. In mediation, the parties may schedule and structure mediation sessions to allow their continuing business interests to be preserved.
Your clients will also appreciate the confidentiality that mediation provides. Prompt mediation in cases where the disputes have surfaces can sometimes avoid the filing of suit and the negative vibe that litigation transmits to the marketplace and public.