Arbitration clauses
Review whether the contract requires arbitration, the forum specified and the rules governing the process.
Explore related serviceAW Construction Law / Dispute Resolution
Construction Arbitration & Mediation
Not every construction disagreement needs a trial. Arbitration and mediation offer different ways to address contract, payment and project disputes—each with its own procedures, costs and decision-making process.
Understanding the Options
Choose the process that fits the agreement and the dispute.
Mediation is generally a facilitated negotiation: a neutral mediator helps parties explore an agreed resolution, but does not ordinarily impose a decision. Arbitration is a more formal private process in which an arbitrator evaluates a dispute and may issue a binding award under the parties’ agreement.
The starting point is the construction contract, especially its notice, negotiation, mediation, arbitration and forum provisions. A dispute may also involve unpaid amounts or litigation alternatives. The applicable law and individual circumstances affect which procedures are available.
Common Resolution Questions
Six issues to clarify before moving forward.
Good preparation starts with the contract, a clear factual record and a realistic understanding of the dispute.
Mediation preparation
Identify the key issues, exchange essential records and clarify potential settlement options.
Explore related servicePayment disagreements
Assess invoices, retainage, payment applications and disputed amounts before negotiations.
Explore related serviceScope and change orders
Organize written approvals, field directions and pricing records for disputed extra work.
Explore related serviceDelay and defect claims
Review scheduling records, inspection reports and technical findings connected with the dispute.
Explore related serviceSettlement and enforcement
Consider documented settlement terms, performance obligations and the available next steps.
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Documents & Preparation
Prepare the record before the conversation begins.
Organizing the timeline and supporting evidence can help define disputed amounts, responsibilities and reasonable options for resolution.
- Prime contracts, subcontracts and dispute-resolution clauses
- Pay applications, invoices, retainage and change orders
- Schedules, notices, field logs and correspondence
- Photographs, inspection findings and cost documentation
Related Legal Services
Dispute resolution connects to the underlying claim.
Explore the construction-law matters most often involved in mediation or arbitration discussions.
Construction Litigation
Explore formal court proceedings and litigation considerations.
Explore serviceConstruction Contracts
Understand dispute resolution provisions before conflict arises.
Explore servicePayment Disputes
Address unpaid work, invoices and retainage disagreements.
Explore serviceChange Order Disputes
Review contested scope changes and approval records.
Explore serviceWho We Help
Different project roles. Different priorities.
Project participants may face different contract duties and dispute-resolution requirements.
Contractors
Prepare project records and assess obligations under the prime contract.
Explore guidanceSubcontractors
Review payment claims, backcharges and subcontract dispute clauses.
Explore guidanceProperty Owners
Understand contractual remedies and project performance issues.
Explore guidanceDevelopers
Coordinate multi-party disputes across contracts and project teams.
Explore guidanceConstruction Law Insights
Read more before choosing your next step.
Our construction-law guides cover arbitration, mediation, contract breaches and demand letters in practical terms.
Frequently Asked Questions
Arbitration and mediation explained.
What is construction arbitration?
Arbitration is a private process in which a neutral decision-maker hears the parties’ positions and issues a decision under the applicable agreement and procedural rules. Whether the decision is binding depends on the agreement and governing law.
Is mediation the same as arbitration?
No. A mediator helps the parties negotiate a voluntary resolution and generally does not decide who wins. An arbitrator ordinarily evaluates submissions and may issue a binding award, depending on the applicable terms.
Does a construction contract require arbitration?
Some agreements include mandatory arbitration provisions; others permit court proceedings or provide for negotiation or mediation first. The precise contract language and applicable law matter.
What documents should be prepared for mediation or arbitration?
Relevant contracts, change orders, invoices, notices, schedules, photos, correspondence and technical reports can help clarify disputed facts, amounts and obligations.
Can a dispute settle before an arbitration hearing?
Often, parties can negotiate a settlement before or during a formal proceeding. Any settlement should clearly document the agreed payment, performance, release and timing terms.
AW Construction Law
Address the dispute with a clearer plan.
If a construction agreement calls for mediation or arbitration—or you are considering resolution options—share the key project documents and dispute details with the office.
Contact AW Construction Law