(801) 531-7000
Construction Mediation and Arbitration
Since 1980, out attorneys, have resolved disputes between parties in the construction industry using more efficient and effective methods than litigation, such as mediation, arbitration, and dispute review boards. Our lawyers are committed to claims prevention and early dispute resolution because litigating a construction dispute can be expensive and time consuming.
What is Construction Arbitration?
In the world of construction projects, disputes and conflicts are almost inevitable due to the complex nature of the work involved. These disagreements can arise from various sources, such as design errors, delays, cost overruns, contractual disputes, or quality issues. To address these conflicts effectively, construction arbitration has emerged as a widely accepted method for resolving disputes in the industry. Construction arbitration is an alternative dispute resolution (ADR) mechanism commonly used in the construction industry to settle conflicts outside of traditional litigation. Construction arbitration can provide a more private, cost-effective, and time-efficient approach to resolving disputes between parties involved in a construction project. Instead of going to court, the parties agree to present their case to one or more impartial arbitrators who act as the final decision-makers.
Keys to Success in Construction Arbitration:
Speed and Efficiency: One of the primary advantages of arbitration is its speed compared to traditional litigation. Court proceedings can take years, while arbitration often reaches a resolution within a few months. This is especially crucial in construction projects, where delays in resolving disputes can result in significant additional costs and disruptions.
Expertise of Arbitrators: Arbitrators are often selected based on their expertise in construction law and industry practices. These specialists can better understand complex technical issues, which may be challenging for a lay judge in a traditional court setting. As a result, the decision-making process may be more informed and reliable.
Confidentiality: Arbitration proceedings are generally private, offering a higher level of confidentiality compared to public court hearings. Confidentiality can be essential for construction companies and individuals who wish to protect sensitive commercial information or maintain their reputation.
Flexibility: Unlike court proceedings, arbitration allows parties to tailor the process to their needs. They can choose the number of arbitrators, the location, and the schedule, making it a more adaptable method for dispute resolution.
Enforceability: Arbitration awards are generally enforceable under state and federal law, which ensures that the losing party complies with the decision reached in the arbitration process. This enhances the credibility of the resolution and avoids lengthy appellate battles.
Cost-Effectiveness: Although the fees associated with hiring arbitrators and conducting arbitration can be significant, they are often lower than the costs of lengthy court trials. Additionally, the quicker resolution can lead to savings in legal expenses and project downtime.
Babcock Scott and Babcock Advantage
Our attorneys work closely with our clients to develop a dispute resolution process such as negotiation, mediation, arbitration, and dispute review boards. Our attorneys also work with our clients to create dispute resolution clauses that require parties to meet and confer as early as possible after a dispute has arisen. The philosophy of our attorneys is to represent our clients with the goal to avoid and quickly resolve disputes.
Where the parties choose to arbitrate their dispute, we are proactive in working with opposing attorneys and the arbitrator to craft a process that is fast, fair, and economically efficient. Our attorneys are also well known mediators and arbitrators for cases throughout the Intermountain West.
The attorneys of Babcock Scott and Babcock serve as mediators and arbitrators for the State and Federal courts, the American Arbitration Association, Utah Dispute Resolution, and the Better Business Bureau. Our attorneys train arbitrators and mediators and are asked to speak and publish on dispute resolution. Our attorneys are also active members of the Dispute Resolution sections of the American Bar Association and the Utah Bar Association.
