Construction mediation is defined as a structured negotiation in which a neutral third-party mediator facilitates discussions between owner plaintiffs, defendants, legal counsel and, at times, contractors, subcontractors, suppliers, vendors, insurers and/or lenders 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 disputes throughout the multiple decades that ADR Systems has been in business. These have included:

• A dispute involving personal injury, contract and construction claims with general contractors, subcontractors, architects, owners and insurers

• A dispute involving faulty construction work on multiple residential buildings by contractors and sub-contractors, resulting in water damage, roof damage and loss of income

• A dispute involving worker injury, design malpractice, construction defect, payment disputes, construction insurance, mechanics lien and excavation statutes

Parties to a construction 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 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 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 disputes.

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