Construction Mediation for
Building Disputes

Are you a builder, sub-contractor or tradesman who is having difficulty over some work you are doing for a client?

• Have you left building work unfinished because of a dispute?
• Has communication broken down between you and your client?

Are you a client who is concerned about some building work you are having done and your working relationship with the builder or other professional involved?

• Does the work seem to be taking longer than expected?
• Is it costing more than expected?
• Has communication broken down between you and your builder?

In addition to its other activities, Hillingdon Community Mediation is pleased to be able to provide Construction Mediation for building related disputes of the following type:

• Disputes regarding the standard, extent and type of professional advice and any fees, payment provisions or undertaking involved
• Disputes involving documentation, pricing, additions, omissions and changes to the works by either the client, contractor, subcontractor, specialist or supplier
• Disputes involving workmanship, management, timing, disruption and/or delay concerning a contractor, sub-contractor, specialist or supplier

But you can also refer yourself. Contact Alan on 01895 447700 to discuss what is involved.

Construction mediation can save an enormous amount of time and cost and is ideally used before legal action is taken to prevent the need to get into a 'fight' about the situation. Mediation does not prejudice legal action as it is entirely confidential and is a without prejudice process.

The aim of Construction Mediation is to enable those directly involved, the client and the building professional, to work out a way forward, together, via a meeting facilitated by a trained and experienced Mediator from our Service.

Please note, if anyone saw the Channel 4 programme 'Don't blame the Builder', our practices are nothing like that which you saw on there. We will not come on site, 'take over' and tell builders to clock in on time, start making judgements about the quality of work and tell clients what to do etc.

• The Mediator will treat all those involved in a situation as adults and support them in finding creative and effective ways forward in the situation.
• The Mediator will remain impartial throughout and is not there to tell you what to do.
• The role of the Mediator is to help you both find better ways of achieving your shared goal of creating an excellent piece of building work. One as the creator, the other as the person who can enjoy the end product.

• All discussions relating to the dispute or complaint will be entirely confidential.
• Any agreements reached will not be legally binding but will be created on the basis that they are understood by all parties involved to be the outcome that works best for all involved.
• Should creation of a legally enforceable contract be necessary or desired after the mediation, this can be created by a Solicitor based on the outcomes agreed by the parties in the mediation meeting.
• In order to maintain his / her impartiality the Mediator will not make suggestions, express opinions or give advice to the parties. This ensures neither party feels 'ganged up on' or isolated in the discussion.
• The role of the mediator will be to facilitate an opportunity for full and open discussion and creative thinking towards an agreed resolution, created by the parties, of the dispute or complaint

What if the other person doesn't want mediation?

It may be that even if only one of the parties to the dispute or complaint is willing to take part in mediation, the mediator will be able to assist the party interested in mediation in finding more effective ways of responding to the dispute or complaint, in order to achieve a more satisfactory outcome.

This is sometimes called ‘conflict coaching’ and is a useful aspect of the Service provided by us.

Call us on 01895 447700 for a no-commitment, confidential discussion to see whether mediation can help you in your Construction related dispute.

It should be emphasised that Mediators do not make judgments nor do they give views as to the legal rights or standing of any of the parties.

The Mediation process should be distinguished from conciliation, statutory or agreed adjudication, expert determination, mini trial, arbitration or litigation.

In mediation it is the parties themselves that agree to make a settlement in complete confidence.

Mediation aims at all times to support the creation of this settlement.

So what does Construction Mediation cost?

• Initial Meeting with Mediator - up to 1½ hours - £160 + VAT
- This separate meeting with each participant is for the following purpose: Please note that our price for this is presently reduced to £95 + VAT
• To hear their view of the situation and their concerns
• To clarify what mediation is and to explain the structure of the Face to Face meeting to help it go smoothly and ensure everyone is there with a shared understanding of its purpose
• To help the participant consider what they can do if the other person pulls out of mediation or if the Face to Face meeting itself does not succeed in resolving the situation
• Face to Face meeting - up to 4 hours - £275 + VAT per party

Hence, the total cost to any participant will be a maximum of £435 + VAT, (Now reduced to £370 + VAT for a limited period)which compares favourably with the potential costs of legal action.

We cannot guarantee a particular outcome from Mediation, but neither, of course, can the outcome of a court case be guaranteed.

Mediation relies on the willingness of the parties involved to try to create a way forward that works for both.

Ultimately, a builder wants to finish a piece of work as much as a client wants it to be completed. Both parties have a lot to lose if they don't achieve that goal.

Mediation is designed to help parties work together, despite their difficulties, towards that goal.

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