We are experts in all forms of dispute resolution - but we know that not all of our clients and contacts are familiar with any or all of these forms.
So, we have produced explanations of each of the key forms of dispute resolution (namely mediation, adjudication, arbitration and last but never least litigation in the Technology and Construction Court) in a handy, easily digestible format.
Our helpful 'quick guide' flowcharts explain the requirements and overall format of these four most used dispute resolution forums. The first flowchart to be released in our WBD Construction Disputes Series is… Mediation.
Mediation is a form of alternative dispute resolution which is often used in construction industry disputes. It is voluntary, confidential and very flexible (a key benefit is that the parties can choose the approach and timescales).
Our Construction and Engineering team is very experienced in mediations, including helping our clients prepare, strategise, mediate, and draft and negotiate settlement agreements after a successful mediation outcome – including for mediations where the value of the claim may be millions of pounds.
For example, we have previously defended a project monitoring surveyor in relation to a £2.5m claim by a commercial bank concerning a substantial 29-house development. It was alleged that the project monitor provided negligent advice in respect of the development’s planning position, which the bank relied on in making the loans. This claim was successfully resolved at mediation.
You can download our mediation flowchart here.
If you prefer, you can view this as an interactive mediation process here.
We will be releasing the next flowchart and process in our WBD Construction Disputes Series next week, so keep your eyes peeled for it.