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How mediation might help in construction disputes

Although most construction companies in California work hard to keep business relationships steady and profitable for all involved, sometimes those plans just don't pan out. And so, the unfortunate reality is that construction disputes do occur, leaving the parties attempting to mend broken relationships or, at the very worst, seeking to salvage something good out of a deal gone bad.

Fortunately, there are options for how best to approach construction disputes. One such option is mediation. Mediation could help the parties resolve their differences, get over the hurdle of the problem presented and get back to a respectful and profitable relationship. Or, mediation could help the parties reach an agreement on how to at least resolve the dispute through compromise.

In the mediation process, a neutral third-party individual will serve as the mediator. The mediator's task is to take a "hands-on" approach to attempting to help the parties resolve the construction dispute. This oftentimes calls for creative thinking and approaches, with input from all parties involved. If the mediation results in an agreement, usually a written mediation agreement will be prepared for all parties to sign - essentially signaling the parties' firm agreement about how to resolve the dispute.

Construction disputes in California do occur, but that doesn't mean that companies and business leaders are without options. And, although mediation may be an option for many disputes, sometimes litigation is necessary. Any construction company in California facing these issues may want to analyze the available options given the unique facts of any situation.

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Retz & Aldover LLP

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Retz & Aldover LLP
2550 Vía Tejon
Suite 3A
Palos Verdes Estates, CA 90274

Phone: 424-282-3467
Phone: 310-540-9800
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