The construction industry has one of the highest levels of dispute of any. This is probably because it is impossible for any of us to foresee all of the issues that could arise.
Most construction contracts provide for arbitration or adjudication. However, as we explain in more detail, the process is rules driven. There is no scope for stepping outside the framework can tick to consider risks and benefits which are not included within it. Moreover, an adjudicator’s or arbitrator’s decision is imposed – take it or leave it.
The mediation process usually leads to a far more attractive outcome, because you and your dispute party have come together and ultimately agree the best possible terms. It is usual to sign up to a binding contract at the end of the mediation meeting, so the very fact that you have agreed the deal has the psychological effect that you are satisfied with it. It is therefore likely that both sides will stick to the agreed terms.
An authoritative mediation source calculated that mediation produced a resolution to 80% of disputes in 2016.
We hope you will find this website to be a source of a great deal of information about mediation generally as well as full explanation of the service we offer.
Why mediation for construction disputes?
There are numerous advantages of mediation in the round but just to give you one example – consider the gigantic cost in legal fees and management time that are required simply to deal with the mountain of documentation that arises in every construction dispute.
Your mediator is absolutely confidential and neutral. You can talk to him/her openly. You can arrange a mediation process so that the mediator shuttles between parties in separate rooms also that you negotiate with your conflict partner directly across a table while the mediator directs the process towards common ground.
If you want to bring your solicitor to your mediation meeting, then of course you can do so. However, his/her presence will be there only as your adviser.
Our mediation process involves thorough exchange of information before the mediation meeting so that both sides are reminded of exactly what the other of you wants and what facts you intend to rely on. In addition, of course you will have told the mediator privately what scope you have for variation on your basic demands.
If necessary, you can bring one or more colleagues to the meeting that it is important that the person who is presenting your case also has the authority to settle it.
If you would like to consider our working with you to resolve your dispute, the first step, with no commitment, is to give us some understanding of the issues by completing our Request to Mediate form.
We can help you to resolve disputes in connection with ownership of land and real property of any sort, including:
- Easements, covenants, ancient rights
- Accidents of conveyancing, faulty plans
- Construction problems in the course of a contract
- Construction defects which show only after completion
- Errors arising in the course of a substantial construction contract
- Disputes between construction professionals and their client
- Errors by statutory authorities
- Errors and misunderstandings arising from a contract
- Failures in compliance with regulations or statutory obligations
- Landlord and tenant issues – both practical matters in matters relating to interpretation or breach of lease
- Tenancy agreements, lease and licence disputes relating to residential property
- Specialist property requirements – for example: agricultural buildings, buildings constructed before use in the advancement of science; schools; tall buildings
- Issues between company and employee, company and subcontractor, professional negligence
- Board level disputes
Mediation is an ideal means of resolution for your dispute.
Every property professional knows well that the range of disputes relating to land is vast. The Mediator is likely to accept your instructions in any property related matter of any size and in any location.
Mediation of a substantial dispute related in any way to land, development or construction may require some sort of expert professional help to deal with technical issues. The Mediator will liaise with you on any such appointment so as to be certain that neutrality is maintained.
The Mediator is willing to travel to a site anywhere in the UK and possibly further afield, in order to obtain a full understanding of the problems that have arisen.
As the Mediator’s CV demonstrates, his experience in matters relating to this area is extremely wide.