When construction projects go wrong in Los Angeles—whether due to delays, defects, or disputes between contractors, developers, architects, or property owners—the stakes are often high. In a city like LA where real estate carries tremendous financial value and construction timelines are tightly controlled, resolving disputes quickly and effectively becomes essential. Two of the most common paths for resolving these disputes are mediation and litigation.
As a high-end construction defect and commercial real estate law firm, Stryker Slev Law Group has been advising clients across Southern California—including Los Angeles and San Diego—for decades. With our smart approach to legal strategy, we’ve seen firsthand when mediation works best, and when it’s time to go to court.
What Is Mediation?
Mediation is a form of alternative dispute resolution (ADR). In this process, a neutral third party—called a mediator—facilitates a structured conversation between parties to help them come to a mutually agreeable resolution.
Unlike litigation, mediation is non-binding, which means neither party is legally obligated to accept the outcome unless they both agree. However, once a resolution is reached and documented in a signed agreement, it becomes enforceable.
Advantages of Mediation:
- Faster resolution: Construction litigation can take months or years. Mediation may resolve issues in a matter of days or weeks.
- Lower costs: With no court fees and reduced attorney time, mediation is typically far less expensive.
- Confidentiality: Unlike public court cases, mediation is private—ideal for protecting reputations and sensitive information.
- Control and flexibility: Parties have more control over the outcome rather than leaving the decision to a judge or jury.
- Preserved relationships: Mediation is collaborative, which can help preserve working relationships, especially in ongoing or future projects.
Drawbacks of Mediation:
- Non-binding process: If parties do not reach an agreement, mediation can end in a stalemate.
- Limited discovery: There’s less formal evidence-gathering, which may be problematic in highly technical construction cases.
- No legal precedent: Mediation results do not set public legal standards or create binding law.
What Is Litigation?
Litigation is the traditional route through the court system, where a judge (and sometimes a jury) hears the case and makes a legally binding decision. This process is governed by strict procedural rules and typically involves multiple phases: pleadings, discovery, trial, and possibly appeals.
Advantages of Litigation:
- Enforceable judgments: The court’s decision is binding and enforceable.
- Full discovery process: Each side can request documents, take depositions, and gather technical evidence, which is particularly useful in complex construction defect claims.
- Legal precedent: For larger cases that may influence future projects or contracts, litigation can establish legal benchmarks.
- Compelled resolution: If one party is uncooperative or acting in bad faith, the court system can force them to comply.
Drawbacks of Litigation:
- Costly and time-consuming: Litigation often requires substantial attorney hours, expert witness fees, and court costs.
- Public exposure: Cases are typically part of the public record, which may harm business reputations.
- Loss of control: The outcome rests with the court, which may not align with either party’s preferences.
- Rigid timeline: Litigation follows strict rules and can be delayed due to court backlogs, especially in LA County.
Which Approach Is Best for LA Construction Disputes?
There’s no one-size-fits-all answer. The decision depends on several factors:
- Nature of the dispute: If the issue is technical or relates to contract interpretation, litigation might be better. If it’s a communication or coordination breakdown, mediation can work.
- Willingness to collaborate: Mediation only works when both parties are open to compromise.
- Urgency: If a project is stalled or facing a lien, swift mediation may help resume work. If enforcement is needed (such as for payment), litigation might be required.
- Risk tolerance: Mediation offers predictability. Litigation offers the possibility of a decisive win—but at greater risk and cost.
At Stryker Slev Law Group, we frequently advise clients to attempt mediation first. It can serve as a strategic advantage—showing good faith, gathering insight into the opponent’s position, and potentially resolving the issue efficiently. However, we are fully prepared to escalate to litigation when mediation fails or when your case demands firm legal action.
How we can help
Stryker Slev Law Group stands apart as the only firm that approaches construction and real estate disputes with smart strategy and decades of experience across Los Angeles, San Diego, and Southern California. Whether you’re a developer, contractor, architect, or investor, our legal team can help you assess your dispute, weigh your options, and choose the best path forward—whether through mediation or litigation.
We’re known for handling high-stakes cases and bringing a level of foresight and precision that few firms can match. Let us protect your investment, reputation, and time with strategies tailored to your goals.
Contact us today to schedule a confidential consultation.
