Why Do Design and Construction Disputes Spawn Years of Litigation?

MAY BE CONSIDERED ATTORNEY ADVERTISING MATERIAL.
Design and Construction disputes do not have to lead to years of painful and expensive Litigation Early cost-efficient dispute resolution is possible I think the reasons for the inertia towards Litigation are several One is that Construction Projects are inherently complex with multiple points of responsibility and many Parties involved There is lots of opportunity for Parties to fight over the quality of Design and Construction Schedule of the Project Payment - or lack thereof Safety...and many other factors But part of the reason Litigation is common in Design and Construction is a "failure of creativity" on behalf of the lawyers You know, Litigation can take 2-4 years and be very expensive and disruptive to business And invariably, Construction and Design disputes tend to settle before the case goes to Jury Trial The jury trial is very rare these days in Design and Construction So smart business people are beginning to ask - Why are we paying our Lawyers so much money to prepare for Trials that are unlikely to ever happen? What is the real value of Litigation? And the truth is - Litigation is really just a means of exchanging information And it is the most inefficient means of exchanging information that man has ever devised So the question is - What can people do to exchange the information that they need to be able to make a "business decision" to settle or not? And I would suggest there are various methods of Alternative Dispute Resolution Mediation being one of them that provides an opportunity for Parties to avoid Litigation exchange the information they need and decide whether to settle their Design and Construction disputes