2. When disputes arise in the course of business, people
find various ways of solving them. They might seek the
intervention of the courts in the matter or use
arbitration. The choice of the method to be used will
depend on the circumstances of the case and the
agreement reached by parties involved. Many of the
mediated cases are resolved successfully. When looking
for construction mediation San Diego people hire the
best in the business.
3. Arbitration is a structured method of settling disputes
that involves an independent facilitator. It is a
commercial process and not a judicial one. Although
lawyers of the parties in the matter are involved, the
process is conducted at the guidance of the mediator.
The process should not be confused with a conference. It
is voluntary and any of the parties can elect to withdraw
from it without the risk of being penalized.
4. For a successful mediation the mediator has to have
certain qualities within. One of these qualities is
knowledge in the matter at hand. If the mediator is not
a professional in the construction company, they will not
understand the technicalities involved in the case. This
will result in unfair judgment which will result in one
party being unhappy.
5. The parties involved in the process should be fully
committed to the process in order for it to succeed.
There are various ways in which the commitment of
those involved can be demonstrated. Agreeing to
mediation is one way of showing commitment. Some
parties choose to pay arbitration fees in advance as a
way of proving their commitment.
6. The mediator should also be a good listener. No matter
how knowledgeable, if they do not listen and
understand the viewpoints of the parties involved they
might not bring the parties together in the long run.
Quality listening will not only show you the viewpoints
of the said party but also the mood and any underlying
motivations and feelings.
7. Neutrality is another aspect of a successful mediator. No
matter how inconsiderate one party may be the
mediator should not become angry or irritated with
them. Instead they should be patient and
understanding. This is also true if one of the parties
chooses an illogical course of action. The mediator
should try and instill sense in the party without
necessarily looking down on them or disrespecting them
in any way.
8. In many cases, expert opinion is often sought to find out
the effects of the problems to the disputants. However,
seeking external expertise may not be needed since
those taking part in the discussions have enough
expertise to explain technical matters. Even though
other forms of expertise are necessary, a financial report
is most important since the matter is about finances.
9. When the negotiations get started, the mediator must
ensure the final outcome will be acceptable to the
parties. The decision reached should be adapted to the
problem at hand in order to settle the matter. When
looking for construction mediation San Diego people
hire experienced arbitrators. An experienced mediator
will find suitable ways of ensuring the process reaches a
solution that is acceptable to all.
