Some construction contracts have clauses in them that make it mandatory for disputes to go through the arbitration process. This is an alternative dispute resolution method
that keeps cases out of court. When this is in the contract, there isn’t a very good chance that you would be able to work around it. Understanding some of the basic points about this process might help you know what you are going to need to do to get your dispute resolved.
When you go through arbitration, you will present your case to a third-party arbitrator. In some cases, there is more than one person who will hear the case. The process is similar to a court hearing, but it is simplified and much more informal.
Once both sides present their cases, call witnesses, present evidence and do anything else necessary for the case, the arbitrator or panel will discuss the matter and come to a ruling. Before you go through the process, you need to find out if the ruling is final or if an appeal is possible. This should be spelled out clearly before you start.
There are many benefits to choosing arbitration over litigation for construction contract disputes. Two of the most attractive are that this is usually a faster and less costly than going through a trial. You do have to be careful in these cases because of the ability to choose the arbitrator. Make sure that you have a say in who is going to hear the matter because you don’t want someone with an interest in your opponent’s side of the case.