Hon. Lisa R. Curcio, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article titled “An Alternative to Litigation” in Substance, a publication of the Illinois Mechanical and Specialty Contractors Association, about the advantages of mediating construction disputes for claimants.
“Non-payment when work is complete, claims of defective work, costly delays, claims for extra work with unsigned change orders, design issues — these are just some of the issues in construction projects that lead to lawsuits,” wrote Judge Curcio.
Whereas litigation is often presumed to be the go-to recourse for resolving disputes, Judge Curcio argued that construction lawyers and their clients should pursue mediation to resolve their disputes instead – especially in times like these, when court access is severely limited and delayed.
“Mediation allows the parties to craft creative solutions to disputes rather than having a decision imposed upon them,” wrote Judge Curcio. “The outcome of a lawsuit is public. An agreement reached through mediation can be kept private and confidential. The cost of mediation pales in comparison to the time, money and emotion expended in litigation.”
Judge Curcio underscored that construction attorneys and their clients should select mediators well-versed in construction law matters. “It will be a far more efficient process if you do not have to start by explaining to the mediator what a 2 by 4 is,” said Judge Curcio, adding that “your attorney should not have to educate the mediator about the Illinois Mechanics Lien Act or explain what ‘substantial completion’ means.”
By mediating their dispute, a claimant can save time, money and resources while more amicably resolving their legal matter. To read Judge Curcio’s full article about an alternative to litigation for construction disputes, click here.
Hon. Lisa R. Curcio, (Ret.) brings an abundance of real-world experience – real estate, business and banking — to her mediation and arbitration practice. She spent 15 years as a Chancery Judge, presiding over mechanics liens, construction contracts and construction defect cases. Judge Curcio is regarded as an energetic and pragmatic neutral who helps parties construct suitable solutions to their disputes.
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