Mediation

Mediation is a process in which we act as a neutral third-party and work with the parties to attempt to achieve a negotiated settlement. Mediation is a very widely recognised form of ADR with a very high success rate.

There are two widely recognised and defined forms of mediation. In this section we refer to facilitative mediation. This is what most in the construction industry mean when they refer to mediation. The evaluative method, often referred to as conciliation is referred to in the download. Our practice offers both methods.

Mediation is both voluntary and non-binding and is a very effective form of negotiation. It essentially gives both parties full control over how their dispute is to be resolved. Our Mediators will guide the parties through the process, moving the dialogue past any stalemates or deadlock that may occur and will help the parties explore all of the available options for resolution.

Mediation is a process that gives the parties an opportunity to examine the dispute from a different perspective. We will encourage the parties to look forward instead of backward; to consider where their future interests and needs lie, instead of what their contractual rights of remedy are.  Our Mediator will also seek to widen and explore all of the settlement options available to the parties.

Mediation can only work when the parties to a dispute have a real appetite to resolve their differences.  Mediation does not work if one party to a dispute, usually the party who is aware that they owe the other party money, acts disingenuously.  In these situations, unless there is a real and prompt change in stance, it will be necessary to turn to a more forceful method of dispute resolution, such as adjudication.

Read about our Mediation track record.

ConstructPRO act as Mediators. For more information or an informal chat please get in touch today. Alternatively click here to request a call back.

Click here to download a fact sheet on Mediation.