Construction and Other Disputes

Whilst our mediator specialises in property based disputes, other disputes can also be referred to us as with the immense knowledge of dispute resolution we can assist in other areas where expertise within the field is less essential or where a background knowledge in construction is helpful.

Our mediator has a good understanding of construction background and drawings. The impact of developments and loss and damages resulted of construction project. This knowledge can be useful in directly the energy of a dispute in the right direction. An understanding of people and conflict management is also beneficial when dealing with any property or construction dispute.

The ability of assist in neighbouring matters also means our mediator is well versed in highly emotive topics and has been expertly trained to encourage the parties to take control of the dispute and eventual resolution by ensuring the clash between goals, needs and values and rebalanced through understanding.

Our expert mediator can offer advice and personal experience in such matters that may allow the parties to achieve a resolution that is satisfactory to all concerned and moreover, is laid to rest in acceptable time frames that may not be the case with a court hearing. Minimising time committed to the dispute often in itself enables a balanced resolution to be reached as the personal investment is less significant and therefore the ability to direct energy targeted to the resolution itself can be achieved.  

It is also worthy of consideration that Mediation can be used at any stage of a dispute. It can be the first step towards seeking a resolution of the dispute, which ideally is the favoured starting point, however after any negotiations Mediation can be reverted to or even following resolution where a party has failed to keep to any agreement made, Mediation can again be sought. Mediation can also be used at any time during litigation or arbitration where the parties wish to interrupt process of litigation or arbitration to explore the possibility of settlement through Alternative Dispute Resolution. The Courts will often favour this disputation as ADR becomes a more population avenue in any disputes that arise.

Another way that parties can also seek the benefit of Mediation is in the hope to avoid a full blown dispute. Mediation can be used as a means of dispute prevention than dispute resolution. Parties may engage with the process where problems have arisen but the parties are not yet in dispute and are willing to enter into Mediation in order to help channel the course of negotiations for an agreement where direct negotiations have reached an impasse, but where the parties consider it to be clearly in their economic interests to conclude the agreement rather than enter into proceedings.

There are situations where Mediation may not be the right course of dispute resolution particularly where deliberate, bad-faith counterfeiting or piracy is involved. As Mediation requires the full cooperation of both sides and requires all parties to be honest, open and transparent, it is unlikely to be appropriate in such scenarios as the likelihood of resolution where distrust is at the heart of the dispute is significantly less.

To discuss if the dispute you have is likely to be considered appreciate for the Mediation Process please contact us directly.