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New York Construction Law Blog

Mediation can help you keep a construction claim out of court

Posted by Karl Silverberg | Jul 29, 2021 | 0 Comments

Construction is big business in New York, and contracts often mean millions of dollars in revenue changes hands. With big budgets comes the risk of big disputes and major financial liability.

An employee could try to bring a civil lawsuit against you under the scaffolding law. You might have to file a lawsuit against the supplier who doesn't fulfill their contractual obligations. A client might even have a complaint about the services you provided. Sometimes, these issues wind up in court. However, you might want to consider mediation to resolve those construction disputes affecting your business.

Most construction lawsuits don't go to court

Construction litigation will cost everyone involved thousands of dollars. Even successful claims cost money. Litigating a construction dispute can also damage your reputation in some cases.

Settling before going to court is so common that some experts estimate 95% of business disputes the settle before their court date. However, direct settlement negotiations can be very difficult, especially if emotions are high. Mediation is an invaluable tool for those who don't want to go to court but can't seem to agree on a resolution to a conflict.

Mediation court offers numerous benefits

A neutral mediator can help both parties to a dispute adjust their expectations and perspectives, facilitating a quicker and more agreeable resolution to the matter. Mediation does come with its own costs, but those expenses will likely be far lower than court costs for litigation.

Additionally, mediation can often be a confidential process that helps protect your reputation. Being willing to work together could also help preserve your relationship if you have to work together again in the future. The nature of the issue, your company's resources and many other factors can influence whether construction conflict mediation is the right way for you to resolve a current dispute.

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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