Our construction mediation solicitors specialise in helping clients in the construction industry to resolve disputes through mediation, a form of alternative dispute resolution. Our team is comprised of highly trained construction solicitors with experience in all types of construction disputes, and we have a proven track record of achieving excellent settlement terms for our clients through mediation and other forms of dispute resolution.
For a confidential free discussion, call us today on 01908 414990, alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.
What is Mediation?
Mediation is a popular form of alternative dispute resolution, used by parties to a dispute as an alternative to court proceedings. During a mediation, an impartial third party, the mediator, works with the parties to help them reach a mutually acceptable resolution of their issues. Mediators are highly trained individuals, and those who work on construction disputes should have experience in the construction industry.
Mediations can take a variety of formats. The parties can sit around a table with their legal advisors and the mediator and try to negotiate settlement terms. If they prefer, they can sit in separate rooms, each with their legal team, and the mediator can shuffle between them. The parties can choose the format that suits them best.
What are the advantages of Construction Mediation?
Mediation offers parties to construction disputes a number of distinct advantages. They include the following:
- Mediation is quick.
Unlike court proceedings, which can sometimes take years to reach trial, mediations can often be arranged within a matter of days. The mediation itself can be completed within a day or over a few days, depending on how negotiations proceed.
The speed with which a mediation can be organised is particularly beneficial for businesses operating in the construction industry, for whom time is often an issue. Ongoing disputes can have disastrous consequences for the cash flow of the parties involved and the progress of the project on which they are working. The potential to resolve a dispute swiftly is a key reason why many construction businesses opt to explore mediation to resolve disputes.
- Mediation is flexible.
The mediation process can be tailored to the parties’ needs and preferences, and the settlement terms can reflect their commercial reality.
The parties can choose the mediator most suited to their issue, as well as the date, venue, and format of the mediation. They are also at liberty to negotiate settlement terms that work for them and are not confined to the types of inflexible relief that can be granted by the court.
- Mediation is cost-effective.
Unlike litigation, which is notoriously expensive, mediation can be a cost-efficient method of dispute resolution. While the parties’ legal advisors must prepare for the mediation and usually attend with their clients, the overall costs of a successful mediation are usually considerably less than those incurred in connection with court proceedings.
- Mediation can preserve the parties’ relationship.
Litigation can become acrimonious and put a strain on the parties’ relationship, which can be disastrous if they are long-term collaborators. In a mediation, the parties are encouraged to work together to find a solution that suits them both, and they can return to work on the project on good terms.
- Mediation is confidential.
Anything that the parties discuss during a mediation is entirely confidential. As a result, parties often feel more comfortable speaking openly and honestly in the knowledge that anything they say, as well as any settlement they reach, will remain private.
What are the alternatives to Mediation?
Mediation offers a valuable method of dispute resolution for businesses in the construction industry and can produce excellent results in the right cases. However, it may not be suitable for every dispute, and the parties may need to consider alternatives.
Mediation is a voluntary process and relies heavily on the parties approaching it in good faith and with a willingness to compromise. If one or both parties are not minded to do so, there may be little point in pursuing a mediation since the chances of reaching a settlement may be slim. In these cases, other forms of dispute resolution, such as adjudication, may be more appropriate. Adjudication results in a decision by the adjudicator that is binding on the parties, at least temporarily, and cannot be appealed save in extremely limited circumstances.
Our construction mediation solicitors routinely advise our construction clients on the most suitable dispute resolution method for their situation and represent them throughout their chosen process. Our primary aims are to assist our clients in resolving their disputes as quickly and cost-effectively as possible, and we use every tool at our disposal to facilitate them doing so.
For a confidential free discussion, call us today on 01908 414990, alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.
