The Cost of Mediation
The costs involved with Mediation are relatively low compared to other ADR methods and they are generally shared between the parties, making them more appealing. With Mediation proceedings more commonly taking place online due to the Covid-19 pandemic, with remote or virtual participation in Mediation sessions, the cost of venue hire is also removed. Arbicon can provide an RICS accredited Mediator for construction disputes.
Effective Mediation in Construction Disputes
The key to an effective Mediation is a mutual commitment by the parties involved. If both parties are not willing to come to an agreement, then the Mediation is likely to fail.
Reaching the point where Mediation is agreed as the
way forward is often the most difficult part. Arbicon are experienced in acting
as representatives, taking disputes through the Mediation process, or can appoint
Our expert team can:
It is essential that any agreement reached is quickly and comprehensively recorded and signed in writing by the parties, ideally on the day, for there to be a binding end to the dispute.
Mediation does require commitment from both parties, which is often difficult in construction disputes, which often arise when one party quite deliberately refuses payment or performance thus will not cooperate. If this is the case, a different method of ADR is advisable such as adjudication.
There are several ways in which a Mediation can be instigated to resolve construction disputes:
Is Mediation the
Right Choice for Resolving my Construction Dispute?
If you are looking to resolve your construction dispute quickly and at a low cost, obtaining an outcome that benefits both parties involved, whilst maintaining a good relationship, then Mediation could be right for you. If you are unsure, find out more about the benefits of using Mediation for your construction dispute.
It is important to consider the commercial risk and cost involved with achieving a settlement of a dispute. That risk will basically be the time, cost and likely outcome. Mediation is often the cheapest and quickest way but it gives no guaranteed outcome of rights, only a deal will do that.