For many years, people have come to regard the investment of time, effort, and money necessary to prosecute a case in the courts as so oppressive that almost any alternative way of enforcing their legal rights seems likely to be better than litigation. With the increased caseload clogging federal and state courts, a party pursuing a construction claim in court often must wait years for resolution of disputes.
Arbitration of construction disputes and claims, a well-established process, has become ever more popular as owners, design professionals, subcontractors, and contractors look for less expensive methods of pursuing claims and handling disputes.
Mediation is a non-binding, structured process that may be used in conjunction with or as an alternative to either litigation or arbitration. A mediator does not render a decision but rather assists the participants in reaching a negotiated settlement of their differences. Like arbitrators, mediators are private individuals chosen by agreement between the parties themselves.
Hunt Ortmann attorneys have conducted countless trials, arbitrations, and mediations. With our experience, we can assist by guiding clients in selecting and working through the most suitable forum available for resolution of disputes.