Mediation and Alternative Dispute Resolutions are designed to assist in the settlement of disputes quickly and inexpensively, as an alternative to court proceedings. They both involve an independent third party in the resolution of a dispute, usually chosen by the parties themselves.
Mediation is available to parties either before or during court proceedings and has become increasingly popular in recent years, with the courts increasingly trying to encourage parties to try mediation before matters are heard before the court.
Mediation operates by the parties jointly appointing a professional and impartial mediator who meets with the parties and explores the possibility of settlement. The mediator cannot advise the parties on points of law but will aim to facilitate discussion between the parties towards resolving the dispute. The mediator does not reach a final outcome for the parties so the parties are able to agree any outcome they consider appropriate for their dispute. The results of mediation are non-binding but will often be written up as a comprise agreement.
The key benefits of mediation are as follows:
Not subject to legal rules
Not subject to determination by legal procedures
Not subject appeal on point of law unlike arbitration
The term of the mediation are set by the parties
Outcome determined by parties themselves and not mediator unlike arbitration
Our Dispute Resolution Team
Our solicitors have significant experience in all aspects of construction, particularly in disputes. We regularly act for clients in adjudication, arbitration, court litigation and mediations, and are often prepared to act on a no win, no fee basis.