Tag Archives: Construction Mediation in Houston TX

Effective Communication Strategies in Construction Mediation in Houston TX

Construction mediation in Houston Texas can often help parties embroiled in an issue related to a contract or construction project to work out their differences and move on with their relationship.  However, to make the most of construction mediation in Houston Texas, it is important that the parties and the mediator demonstrate effective communication strategies.

One effective method to employ during mediation is to demonstrate curiosity.  Having a natural interest in what the other person is saying and how he or she perceives things can help establish trust and respect in the mediation setting.  Demonstrating curiosity helps individuals have a deeper understanding of what motivates others and what their interests are.  Curiosity identifies key information to help resolve the dispute.  Demonstrating curiosity also helps the parties to express their own ideas and beliefs.

Another effective strategy is to restrain one’s own ego in order to learn more about the other side.  If the party can ignore any perceived slights, fight off the instinct to defend himself or herself and truly focus on what the other party is saying, information can be expressed in a manner that illuminates greater detail.  This strategy can provide important insight into the motivations of the other party.  People have an intrinsic need to tell their own story, and this strategy allows them to do that.

Finally, requesting feedback from the other party can help re calibrate expectations and move the parties closer to a resolution.

Deal Breakers to Construction Mediation in Houston TX

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.