Parties to a Construction Contract can appoint a Mediator to mediate their construction dispute. Most Courts will encourage some form of ADR and Mediation is often suggested in the first instance.
If you do not have a mediation clause in your contract you can always seek agreement from the other party to go to a Mediation.
If you have a mediation clause written into your contract you must follow the procedure stated to conduct the mediation process. Where there is a mediation clause and one party refuses to mediate, that party runs the risk of incurring all the costs of any subsequent formal proceedings in Court or Arbitration.
If you would like to appoint an Arbicon Mediator, or have your mediation rights evaluated, please use our contact form or call our offices below: