The importance of alternative means of conflict resolution in construction

The growing use of alternative conflict resolution methods such as mediation and arbitration is gaining ground in corporate relations, especially in construction. These approaches are essential for speeding up processes and reducing disputes, promoting an efficient resolution of disputes and preserving relationships between the parties involved.

in construction, contractual problems such as lack of clarity in project specifications, execution delays, and changes in scope without contract adjustment are common. Establishing detailed contracts and carefully reviewing clauses can help mitigate these problems, promoting a smoother execution of projects and resources.

Risk assignment is another relevant aspect in contract contracts. Although Law 13.874/19, known as the Law of Economic Freedom, reaffirms the independence of the parties in this regard, the principles of objective good faith and the social function of the contract must be considered. The exclusion and limitation of contractor responsibilities are also important questions to be carefully treated.

Questions such as delay in execution and need to accelerate schedule are frequent in construction. While the legislation provides guidelines for solving these problems, mediation and arbitration stand out as effective methods for dealing with complex disputes, offering ceiling and technical expertise.

It is noteworthy that the choice for mediation or arbitration can be critical to allowing possible controlling and efficient controversies, such as those faced during the Covid-19 pandemic.

In short, both mediation and arbitration offer confidentiality and flexibility, contributing to the efficiency in resolution of disputes in construction. These practices help to minimize the slowness associated with the judicial system, allowing the parties involved to achieve mutually acceptable solutions in a shorter period of time.