Mediation is valued for its collaborative approach, preserving relationships, and providing a confidential and cost-effective method of resolving disputes. The process is particularly beneficial in the construction industry, where disputes can be complex and involve multiple stakeholders. Settling a dispute by mediation, particularly in the early stages, can save considerable cost and time and is a favourable way of resolving issues while a project is still under construction.
Mediation involves a neutral third party, the mediator, facilitating discussions between disputing parties to help them reach a mutually satisfactory agreement. Unlike adjudication and arbitration, the mediator does not make a decision or bind the parties to any outcome, but instead helps the parties to negotiate a solution in a confidential environment which a court or arbitrator would not have the power to impose.
After the parties agree on a mediator, the mediator and the parties set a date for the mediation. Mediation sessions usually take no more than a day or two and can be scheduled as soon as the parties are ready. All sides will meet for confidential discussions, both separately with the mediator and, by agreement, face-to-face with each other. In private, the mediator exchanges information and proposals that he or she has received from the other party and may help a party test the strength of their case and suggest how a solution may be received by the other party. However, the mediator does not take sides and instead helps them ultimately reach settlement of the dispute. Once a resolution has been reached, a written, binding agreement is drawn up for implementation.
Since the parties are the decision makers who have significant control over the process, it’s extremely important for them to choose the right mediator who knows how to maximise the huge benefits that mediation can bring.
At MCMS, we offer a supportive, pragmatic and imaginative approach to try to help the parties communicate openly, explore options and negotiate a settlement.
Matt and Jonathan are both experienced CEDR accredited mediators with both domestic and international expertise, including complex multi-party disputes, disputes involving public and private bodies, private individuals and insured professionals. Their extensive experience in the construction industry guarantees a tailored approach to customise the mediation process to fit the specific needs of your dispute. Mediations have involved: