Decision-making authority
A mediator generally cannot impose a settlement; a court can issue binding decisions.
Alternative resolutionConstruction Law Insights / Comparing resolution options
What Is the Difference Between Construction Mediation and Litigation?
How facilitated settlement discussions differ from formal court proceedings.
The Short Answer
What you should know first.
Mediation is a facilitated negotiation in which a neutral mediator helps the parties seek voluntary agreement. Litigation is a formal court process in which a judge or jury may decide disputed issues. The right process depends on the contract and matter.
Key Considerations
Important factors to evaluate.
The relevant contract terms, records and law help determine how these questions apply to a particular construction project.
Formality and process
Litigation involves procedural and evidentiary requirements, while mediation is typically more flexible.
Construction litigationConfidentiality
Mediation often includes confidentiality protections, but exact rules vary. Court filings and hearings may be public.
Dispute clausesCost and timing
Neither route has guaranteed outcomes or duration; complexity and willingness to resolve affect both.
When counsel helpsA Practical Starting Point
Organize the facts before deciding on next steps.
Construction disputes can involve short notice periods and overlapping obligations. A clear set of records helps make any review more productive.
Read the contract for required steps or forum.
Identify the parties, issues and settlement goals.
Assess necessary records, experts and urgent deadlines.
Evaluate the process suited to the specific dispute.
Frequently Asked Questions
Common follow-up questions.
Does mediation end with a court judgment?
Usually no. Mediation seeks agreement; a settlement can sometimes be incorporated into a court order.
Can parties mediate during a lawsuit?
Often yes, subject to court rules and agreement.
Is arbitration the same as mediation?
No. Arbitration generally produces an adjudicated decision; mediation seeks a voluntary agreement.
Need guidance on a construction matter?
Each project and agreement is different. Contact AW Construction Law to discuss the circumstances, relevant documents and possible next steps.