“After gaining a BSc in Building Management, I’ve worked in the construction industry since 1996 as a QS, Senior QS, Commercial Manager and Commercial Director.
I’ve seen my fair share of disputes at all stages of construction projects – large and small. Everyone wants to avoid lengthy legal battles and the costs entailed, and that’s where mediation comes in. I have the detailed knowledge and experience of the industry from working at all levels and a solid understanding of the needs of all parties involved. I’m committed to mediation as a successful route to Alternative Dispute Resolution and can help you to navigate the process towards an acceptable settlement.
If you want to find out more about how mediation could be the right route for settling your dispute, please get in touch.”
What is mediation
Mediation is defined as a voluntary non-binding and private dispute resolution process in which a neutral person (the mediator) helps the parties to reach a negotiated settlement. It uses an intermediary to improve dialogue or re-start communication where parties have reached an impasse in their own negotiations. Mediation provides a process which allows the parties that are in conflict, to reach an agreed settlement on their own terms, and not those which are forced upon them by a court or tribunal.
What is ADR?
ADR or alternative dispute resolution is widely recognised as covering any means of resolving disputes outside the scope of formal litigation.
What happens in mediation?
Every mediation is different. We will work with you to plan a mediation strategy that meets everyone’s needs and which ultimately leads to the best possible outcomes for all involved.
How is a settlement reached?
In mediation a settlement is only possible with the consent of the parties and it is they who are responsible for any agreement. Although mediation aims for a resolution that maximises all parties interests, the onus of arriving at the terms for the final settlement rests with the parties.
Is mediation legally binding?
Mediation is voluntary and entering the process does not bind the parties to reach settlement. A mediator also has no authority to make a binding determination so if the parties cannot agree and a settlement cannot be reached the case would proceed to the next stage in the litigation process. However if settlement is reached, the agreed terms will form part of an enforceable contract.
How many mediation sessions would we need?
The number of mediation sessions is not fixed and depends on the complexity of the dispute. However, one session is often enough to resolve many common disputes that are referred to mediation.
We’re aware that things can get difficult at any stage of a construction project. Mediation provides an opportunity for Alternative Dispute Resolution (ADR) with the aim of avoiding costly litigation or arbitration. We offer a qualified RICS accredited mediator to bring parties together to resolve disputes.
We use facilitative mediation to help prioritise issues, clarify needs and provide reality checks. We manage the negotiation process, help all sides to overcome deadlocks and encourage everyone to think creatively about solutions, with the aim of working towards a mutually acceptable settlement.
Get in touch to discuss the nature of your dispute, and we will advise if mediation could help. Common areas of dispute that we encounter include:
- relationship breakdown between the parties
- financial disputes
- interim or final accounts
- construction defects
- contract disagreements under standard form contracts
- variations/change/compensation events
- loss and expense or prolongation claims
- performance issues
- neighbour / boundary disputes
- architectural issues
- programming, scheduling and timing
- subcontracts / main contracts
- home-owner contracts