Construction mediation is the fastest growing form of dispute resolution in construction, as it is an effective tool with which to deal with a wide range of disagreements between parties in construction disputes.
Mediation in construction can save time and legal expenses and avoids disputes going to adjudication and on to the courts where parties are bound by decisions.
The type of mediation required can be tailored specifically to suit the needs of the parties to particularly address the individual dispute.
Mediation usually takes the form of an exchange of brief documentary submissions to the mediator from each party, followed by a ‘day in court’ type meeting, where both parties and the mediator try to work out a solution to their issues.
CDR has extensive experience acting as legal advisors and party representatives in construction mediations, fulfilling roles of both legal representative and expert, and thereby saving the time and expense of engaging expert witnesses and legal advisors.
Simon Lee of CDR is also an accredited construction mediator, having undertaken a number of mediations on a wide range of commercial disputes including complex multi-party mediations involving clients, developers and contractors.
Mediation in Construction
Mediation in construction involves a neutral third party who is there to act as a facilitator to assist the parties to arrive at a settlement to their dispute themselves. They are not there to evaluate the individual positions, but instead try to identify the real underlying issues between parties and to try and ‘unstick’ parties from entrenched positions.
Construction mediators help parties to avoid conflict and use their skills and experience to reality check and help clarify issues and assist the parties to move forward towards a self-determined resolution to their conflict.
Many mediators working in construction are construction professionals who are also experienced adjudicators or arbitrators, and work with the parties to find a resolution, often via shuttle diplomacy to work a solution, and build common ground between parties, thereby narrowing their differences. Simon Lee of CDR is a dual qualified adjudicator and mediator, with experience both acting as mediator and party representative at mediations.
Rather than having a decision imposed by the courts, mediation allows both parties to control the costs and the outcome and find their own solutions through moderated negotiations. It also means neither party is bound by law to comply with the outcome.