Mediation
Wilsons of Cambridge are experienced quantity surveyors with over 35 years’ knowledge in contracting environments, working for Main Contractors, Subcontractors and Employers across a number of construction sectors. Using this experience, we advise Employers, Main Contractors and Subcontractors with commercial, contractual issues. We also help parties to resolve their disputes using alternative dispute resolution acting as a Construction Adjudicator and Mediator.
What is Mediation?
Mediation is a form of Alternative Dispute Resolution (ADR). For some time, disputing Parties have been encouraged to use various form of ADR as a method to settle their dispute. These methods include arbitration, adjudication, mediation, and expert determination.
The Parties appoint a Mediator who helps to promote a resolution of the dispute through dialogue and neogtiation to enable the Parties to reach an agreement of settlement.
Mediation does not produce a decision like issued by an Adjudicator. There is settlement agreement at the end.
Follow our link for further information on Construction Adjudication.
Why choose Mediation?
In summary, Mediation is:
- very flexible form of ADR. Can be used at any time;
- Confidential;
- Less time and less costs – Mediation avoids the costly and lengthy process of litigation (i.e court proceedings);
- Control – the Parties maintain significant control of the process;
- Flexible outcomes – the outcome of a Mediation is not limited to a financial award.
- High chances of reaching a settlement.
Using the data provided by CEDR.com, 87% of mediations reach settlement either on the day of the Mediation or shortly after.
Mediation Process
Before the Mediation:
We issue a Mediation Agreement for the Parties to sign.
A date and venue are confirmed, where the mediation is carried out in person. Mediations can also be carried out online.
Each party prepares and submits to the Mediator a paper outlining the dispute.
During the Mediation:
The Mediator meets the Parties together and separately.
The meetings with one Party are held in confidence, with space for the Party to be heard. Each Party controls the flow of communication to the other Party.
The Mediator helps guide the Parties through the Mediation process, exploring possible solutions and allowing them to reach their settlement or conclusion.
After Mediation:
Once an agreement is reached, a Mediation Settlement is drafted and signed by the Parties.
This agreement then becomes legally binding upon the Parties and that’s it.
FAQ:
The Mediator won’t force the Parties into a Settlement, remember it is the Parties who remain in control of the process.
Even if an agreement is not reached on the day, many Parties still go on to reach an agreement soon after.
Within your Contract, there will be provision for Adjudication, as this is required by the ‘Construction Act’. Mediation is still possible, so long as the Parties both agree to Mediate and be bound by the signed Settlement agreement.
Yes, very mush so, everything said in a Mediation remains private and cannot be used in court.
No, it is not necessary, but you may bring if you so wish.
The mediation process is much less daunting than court. Parties remain in control of the process.
Mediation typically costs much less than curt proceedings. The Mediator’s fee is usually shared equally between the Parties
Our Managing Director, John Wilson, is a qualified mediator and construction adjudicator and included on the RICS Panel of Adjudicators.
Through the experience of working in the front line as a quantity surveyor on a range of projects and disputes, John is able to call on this experience to decides disputes.
Contact us to discuss more about your particular dispute or dispute avoidance requirements:
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