Michael Thomas Stewart, P.E.
Free Consult: 619-733-0733
Veteran Owned Small Business
Alternative Dispute Resolution
Construction Arbitration and Mediation
Mediation is gaining quickly in popularity due to its success resolving disputes quickly and with mutual satisfaction all while saving parties time and money! Mediation is a form of alternative dispute resolution in which a competent neutral third person helps the parties reach a voluntary resolution. It is informal, confidential, less adversarial and flexible. Because of this setting the mediator is able to help the parties to understand the interests of everyone involved, and their practical and legal choices.
***Mediation: the parties decide the solution to the dispute; not the mediator***
Arbitration is less formal than a trial and the rules of evidence are often relaxed. A neutral person, called an "arbitrator," hears the evidence and arguments of the parties and then makes a written decision.
The parties can agree that the arbitration be binding or non-binding. In a binding arbitration, the parties waive their right to a trial and agree to accept the arbitrator's decision as final. It is enforceable and completely resolves the case without the opportunity to appeal.
In a non-binding arbitration, the parties are free to request a trial if they do not accept the arbitrator’s decision.
Typically, arbitration is best suited for cases where the parties want another person to decide the outcome of the dispute but want to avoid the formality, time, and expense of a trial.
Arbitration may not be appropriate if the parties want to retain control over how the dispute is resolved.
For San Diego customers in need of arbitration or mediation: I have a broad and unbiased engineering and business perspective. I have been the owner, the builder, the designer, the mediator, and the inspector. What I offer is impartiality and an understanding of the issues that can arise during projects. Therefore, I have a short learning curve and we can come to an agreement in less time and minimal expense.
If you need to prepare your case for mediation, arbitration or litigation, you need an engineer with the legal background to do things right!
Sometimes things don’t go as smoothly as one would like. You may feel like you need an attorney and you may, but please contact me first. As a former drinking water regulator, I know drinking water law* and how it is supposed to be applied and adhered to. I know how to work with and against government agencies using the law and their institutions skillfully. Preferably, litigation can be avoided.
Court is the last resort. Only then is an attorney required, but you will still need an engineer like me to build the technical foundation of your case. Let me be the 1st engineer you call.
If you have any question, please don't hesitate to contact me.
10755 Scripps Poway Pkwy #112
San Diego CA 92131