Mediation in Construction Disputes

In addition to its other activities, Hillingdon Community Mediation is pleased to be able to provide Construction Mediation for 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

In some cases a Local Authority or other ‘public body’ may refer a dispute  involving planning, building regulations, permitted development, highways, or other issues not covered in the relevant legislation, to mediation.

 

The mediation provided in such cases will also follow the Principles of Mediation applied in our other areas of work.  

 

We would also like to highlight the following:  

ð       All discussions relating to the dispute or complaint will be entirely confidential.

 

ð       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 best outcome achievable in the circumstances.

 

ð       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.

 

ð       In order to maintain his / her impartiality the Mediator will not make suggestions, express opinions or give advice to the parties.  

 

ð       The role of the mediator will be to facilitate an opportunity for full and open discussion and creative thinking towards an agreed resolution, by the parties, of the dispute or complaint

 

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 counselling’ or ‘conflict coaching’ and is still a valid aspect of the mediation 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 (where the conciliator sometimes guides the parties and/or makes suggestions), 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.