Construction defect mediation is defined as a structured negotiation in which a neutral third-party mediator facilitates discussions between owners, developers, contractors, subcontractors, architects and/or insurers to reach a mutually agreeable resolution to a dispute, which is called a settlement agreement. Unlike litigation, mediation fosters open communication and collaboration, helping parties find solutions that address legal, financial and emotional concerns. Parties control the outcome of the negotiation process, and their settlement agreement is enforceable in court, acting as a contract.

Our panel of retired judges and seasoned attorneys have settled numerous construction defect disputes throughout the multiple decades that ADR Systems has been in business. These have included:

• A dispute involving multiple claims across several states wherein parties requested the mediator’s proposal, resulting in the settlement of all claims

• A multi-party dispute involving claims of faulty design in construction of a bridge

• A dispute involving purported delays in the construction of a building and design errors and omissions, resulting in claims of substantial compensatory damages

Parties to a construction defect dispute enjoy various advantages when they mediate it at ADR Systems.

Faster Resolutions: Mediation can resolve disputes in weeks or months rather than years, reducing the time burden on plaintiffs and defendants

Cost Savings: Avoiding lengthy court battles saves money otherwise spent on legal fees, expert witness costs and administrative expenses.

Confidentiality: Unlike public court proceedings, mediation is confidential, protecting reputations and sensitive information.

Reduced Stress: Mediation fosters a collaborative rather than adversarial atmosphere, reducing emotional strain for all involved.

Greater Control: Mediation removes the uncertainty and risk associated with litigation, where outcomes can be all-or-nothing; both parties have a say in the outcome of the case rather than leaving the decision in the hands of a judge or jury.

Preserved Relationships: Open dialogue allows parties to maintain professional relationships when possible.

Experienced Neutrals: ADR Systems’ panel of mediators consist of retired judges and seasoned attorneys with decades of hands-on knowledge of the disputes before them and an ardent passion for resolving them.

Mediation is a practical solution for many construction defect disputes. It is particularly beneficial when parties seek a resolution that prioritizes confidentiality, expediency and cost-effectiveness.

If you are representing clients involved in a construction defect dispute and want to pursue mediation as an alternative to litigation, explore our Find A Neutral page to review the bios of mediators with experience mediating construction defect disputes.

Submit your construction defect case through our Neutral Availability Form or Contact Form.