Parties who agree to construction mediation in Houston TX often do so because they realize the vast benefits of this alternative to litigation. If conducted properly, construction mediation in Houston TX can result in a faster, less stressful, and more affordable option than pursuing litigation. However, some barriers, if not dealt with properly, can cause mediation to fail.
Systemic Distrust
If the parties do not trust the process of mediation or the other party, this can be an enormous challenge. A mediator can help explain that mediation can help avoid the larger system of litigation and the judicial system. He or she can also help the parties see what they have in common and help build up trust throughout the process.
Failing to Communicate
Mediation relies heavily on the ability of the parties to communicate. They must be able to express their underlying interests to the mediator so that he or she can help the parties negotiate possible resolutions of their case. Additionally, the parties may need to communicate with each other to make an eventual agreement.
Wrong Perceptions
When the parties have the wrong perceptions about the other party, this may create a barrier to resolution. If they do not believe that the other party is acting in good faith, there will be less incentive for them to do so.
Not Demonstrating Respect
It can be difficult for parties to go from adversaries in a litigated case to cooperative partners. However, a mediator can establish ground rules that require the mutual display of respect.
LAW OFFICE OF JOHN W. KELLY, JR.
