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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.
We can help you to resolve disputes in connection with ownership of land and real property of any sort, including:
- All disputes relating to construction contracts of any size
- Disputes between construction professionals and their client
- Disputes with statutory authorities
- Issues between company and employee, company and subcontractor.
- Professional negligence
- Board level disputes
- Easements, covenants, ancient rights
- Accidents of conveyancing, faulty plans
- Landlord and tenant issues – both practical matters in matters relating to interpretation or breach of lease
- Tenancy agreements, lease and licence disputes
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.
The mediation process has been called “negotiation with a referee”. Part of the process involves the mediator in shuttling between the parties in separate rooms. Your mediator is absolutely confidential and neutral. That means you can talk to him/her openly, passing messages to your conflict-party, as well as talking face-to-face, whilst the mediator constantly directs the process towards common ground.
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.
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.
If you would like to appoint our mediator to work 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.
Use mediation – not arbitration
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 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.
You can usually set up mediation for faster than any other form of ADR.
For full information about how we operate and a plethora of articles, read more information about mediation.
As the Mediator’s CV demonstrates, his experience in matters relating to this area is extremely wide. He is willing to travel anywhere in the UK.
