Mediation in the construction industry
There are many ways to deal with construction disputes, so why do our clients use mediation?
- Success: in the UK and around the world, parties reach a mutually acceptable agreement in over 75% of cases.
- Privacy: mediation's confidential nature provides protection to reputations.
- Economy: costs are usually shared equally by the parties. Our Mediation Fees - Value Based document will give you an idea of the mediation costs involved . Compare this with the time and costs of an adjudication, arbitration or worse, litigation.
- Speed: a mediation can be arranged within days and normally takes about one full day. The agreement is usually made there and then, so Contractors can get paid, Employers get results and Architects can breath a sigh of relief.
- Voluntary: If you feel you are being messed around, you simply walk away. You are bound to nothing until you sign a settlement agreement with which you are happy.
- Control : You have control over the contents of the settlement which can be wider than pure cash. No adjudicator will impose his solution.
- Without prejudice: proposals made in a mediation that fails, cannot be used in any subsequent proceedings.
- Commercial solutions: You know what you need to achieve and this may fit in with a larger agenda, so by discussing the problem in a calm, professional atmosphere, practical solutions can be fashioned that benefit everyone.
- Maintaining Relationships: In any business it is important to have good relationships and adjudication, arbitration or the courts can make this difficult. Mediation has a track record of allowing business relationships to be maintained and sometimes strengthened.
- Your legal rights are unaffected: If the mediation does not work, you can still use adjudication, arbitration or the courts.
BUT it is not a soft option: It will be one of the tougher negotiations of your career. But all the parties will be there because they want to reach an agreement and move on with their lives.
What to do now.
Contact us and we will discuss the options with you in complete confidence and give you an idea of potential costs. We could also contact the other parties to see if they would be willing to mediate. Or, as we know many lawyers who work in the construction industry and regard mediation as a positive option, we could make an approach to them if this would help. You may also find them listed in this Solicitors List.
Either way a few minutes discussion about mediation could save you time and money.