Commercial mediation is one of the most cost effective ways to resolve construction disputes.
It is a separate, confidential, without prejudice procedure that allows parties to find their own solution to commercial disputes without the constraints of the Court rules. An independent mediator facilitates discussions and negotiations between the parties to find common ground and identify a suitable solution. Mediation is a voluntary process so parties mediate with the will to resolve their problems, and if the key decision makers are brought together with a will to resolve a dispute it represents a powerful tool in the dispute resolution armoury with an experienced and skilful mediator.
Mediation has the flexibility to find a solution that works for both parties, and can also preserve ongoing commercial relations for both the disputed contract and future business relations. It allows the parties to explore and seek commercial solutions while not being bound into any outcome unless and until they sign a written Settlement Agreement at the conclusion of the mediation process.
We have been involved in many mediations, from multi-million pound multi-party mediations in substantial, complex construction disputes through to mediations resolving small building works on local properties and extensions and loft conversions that have problems.
Peter Rolph became a CEDR accredited mediator in 2000 and has been involved in many substantial construction dispute mediations over the last 16 years. He was one of the first solicitors in the area to recognise the value and benefit of mediation in resolving construction claims and promoting commercial outcomes for clients outside the limited Court based litigation outcomes.
The Construction and Engineering Pre-Action Protocol and the various CPR Protocols now recognise the importance of looking at forms of Alternative Dispute Resolution (“ADR”). Commercial mediation is a powerful, cost effective way to either resolve disputes altogether or at least narrow the issues and focus on the key points of dispute.
We are experts in mediation acting extensively for parties and representing their interests in mediation and achieving the agreed outcome to avoid Court proceedings.
Contact our construction solicitors
If you would like to discuss further with our specialist construction mediators please contact Peter Rolph or call 01202 294566.