+ RESOLVING DISPUTES
Mediation in construction disputes
Are you a contractor or subcontractor with a construction dispute you want to resolve through mediation?
Mediation is a quick, confidential and cost-effective form of dispute resolution that can successfully resolve a wide range of construction disputes.
Have you been asked to participate in mediation regarding a construction contract dispute and do not know what to expect?
Do you need advice on choosing a mediator who understands construction/building disputes? We can help – contact us.
Your disputes resolved
If you want to know how mediation for construction works and whether it could be the best way to resolve your issue, please do not hesitate to contact our friendly, knowledgeable team on 0330 136 6176 or via email at gnitlusnoc.edisekal%40ecivda for a free, no-obligation discussion with an expert.
+ RESOLVING DISPUTES
What is construction mediation?
A recent construction industry-wide survey looked into the most common causes of construction disputes.
In mediation, a neutral person (the mediator) assists you and the other party to the dispute in negotiating an amicable solution. The purpose of this method is not only to help you reach a compromise but also to preserve the working relationship.
Mediation can be the first step taken to resolve a dispute before turning to adversarial methods, such as construction adjudication and construction arbitration. Attempting to settle an issue using mediation in the first instance is encouraged in many standard-form contracts (e.g., JCT, NEC3, and NEC4) and by the courts.
What are the advantages of mediation for construction disputes?
There are several benefits that mediation offers contractors and subcontractors, including:
● Speed - Mediation can conclude in one month, and sometimes in much less time.● Low cost – As it is a swift process, the costs involved are normally lower than for other methods. In the spirit of collaborative working, costs are often shared equally between the parties.● Collaborative working – Mediation is designed to assist parties to achieve a mutually agreed settlement, and so is beneficial in situations where both parties want to continue working together. ● Confidentiality – All documents presented during the mediation process are private and cannot be used by the parties in any subsequent adjudication, arbitration or court proceedings.
Is construction mediation the right approach for my building dispute?
Mediation relies on both parties wanting to work together to reach an amicable outcome and to protect or rescue their commercial relationship. If parties cannot agree on some issues or the dispute has escalated, mediation may not work. In that case, construction adjudication or construction arbitration are likely to offer a better chance of success.
Every dispute is different. By involving a construction dispute resolution consultant at an early stage, they can assess the nature of your disagreement and help you build a strategy to resolve the matter most quickly and cost-effectively.
Why choose Lakeside construction mediation experts?
We have an in-depth understanding of construction contracts – including JCT, NEC3, and NEC4 contracts – allowing us to quickly narrow down the key issues of the dispute and advise you on the best way forward.
If mediation is suitable, our construction mediation consultants will simplify the process and help you appoint the right mediator. If this method proves unsuccessful, our experts can quickly move on to construction adjudication. In our experience, adjudication is often preferred to mediation as the adjudicator is very likely to be familiar with construction matters and the timescales are easier to manage.
+ WHAT DO WE DO
Our construction dispute resolution services
We help contractors and subcontractors resolve construction disputes quickly and effectively. Our team specialises in alternative dispute resolution (ADR) – a more cost-effective and faster process than litigation.
Construction adjudication
Adjudication is the leading method of ADR in the UK construction industry. It aims to resolve issues quickly so that disruption to project cash flow and work is minimised. We have considerable experience successfully representing general and specialist contractors in adjudication proceedings.
Dispute avoidance
One of the most effective ways to avoid contractor disputes is to prepare well-drafted, detailed construction claims, supported by substantial evidence. A clear understanding of your contractual obligations can also protect you from conflict. Our experience in this area has resulted in the prevention or rapid de-escalation of common disputes .
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