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New York Construction Law Blog

Arbitration can be a valuable tool for resolving construction conflicts

Posted by Karl Silverberg | Apr 19, 2021 | 0 Comments

Pursuing litigation in a construction dispute increases how long it takes to resolve your differences and is often costly. The longer the court takes to resolve an issue, the more expensive it can be. Finding a way to settle contentious matters that arise outside of court can be effective for everyone involved in a construction dispute, whether the issue relates to compensation or defects in workmanship or supplies. 

Arbitration can be a particularly beneficial approach for parties with opposing perspectives looking to settle their issue and move forward. The two parties may even be able to preserve their working relationship in the end. Unfortunately, many people have a negative impression of this type of alternative dispute resolution because some companies have subjected their employees to forced and binding arbitration to resolve their employment disputes.

It's important to understand that voluntary arbitration entered into by both parties can be much more fair and reasonable than forced arbitration.

How arbitration can come off like a mock trial

Forced and binding arbitration can seem disadvantageous for those who don't have ready access to the same resources that big corporations do. However, both individuals and businesses may benefit from arbitration as it empowers them to solve their issues outside of court. 

In some ways, arbitration is like a mock trial. A professional arbitrator acts like a judge, and each side has an option to present their perspective to the professional overseeing things. The arbitrator either ultimately enters a ruling as a binding decision or a non-binding solution as a suggestion. 

Arbitration may be the ideal starting point for resolving your differences with others when conversations have hit a standstill. Negotiations like these can help you, and the other party possibly settle your issues without going to court. An attorney familiar with the arbitration process can advise you whether pursuing this type of alternative dispute resolution is an ideal strategy in your construction dispute or breach of contract case.

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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