When facing a complex and high-risk construction dispute, it is important to have a Defense Contractor Attorney near Murrells Inlet SC who is well-versed in the process of arbitration. Arbitration involves submitting the dispute to a neutral arbitrator or panel, who then issues a binding decision. This process is often used when negotiation and mediation are unsuccessful, making it the preferred alternative to litigation. It is commonly stipulated in construction contracts as the primary dispute resolution mechanism, highlighting its effectiveness in resolving disputes without a lengthy court process. Arbitration is an alternative method of conflict resolution that allows parties to choose a neutral person to resolve the dispute, with an outcome that is binding on the parties.
The arbitrator, or panel of arbitrators, is selected by agreement of the parties and may be chosen based on their experience or familiarity with the particular industry or legal area in question. Arbitrators don't necessarily have to be lawyers. The arbitration hearing is usually held in a conference room and can take place on a single day, continuous days, or on several days scheduled by mutual agreement between the arbitrator and the parties. Alternative dispute resolution is any procedure or combination of procedures that the parties to the dispute agree and use voluntarily to resolve the issues in dispute and avoid resorting to litigation.
Procedures include, but are not limited to, negotiation, facilitation, mediation, fact-finding, prejudice, arbitration, or any combination of both, and a form of conflict prevention or prevention known as partnership. The next step in resolving the dispute with your contractor is to talk to him. Often, you can simply go to the contractor to resolve any dispute or issue and, with debate and good will, you may be able to resolve the issue without wasting time or additional costs on legal proceedings. However, sometimes complex issues require some form of legal help.
Litigation can be costly and cause an enormous waste of time if your project is not completed. If you have a dispute with a general contractor, you may be able to seek a solution through a trade group or licensing agency. In addition, you should review the contract again. Many construction contracts include the requirement for mediation, arbitration, or both before filing a lawsuit. Mediation is an alternative dispute resolution program involving a retired judge or a lawyer specializing in construction to promote an agreement between the parties.
Arbitration is usually a binding process, and the judgment of the arbitrator, who is usually a lawyer or a retired judge, is final and binding on the parties.
