Dispute Resolution
Construction mediation with broad industry experience and substantial qualifications for complex disputes.
Mediation Services
Because of the unique and technical nature of construction projects and the complex nature of relationships involved in a project or a development, appointing a construction mediator with broad construction experience and substantial qualifications is essential. Mediation offers a facilitative process where a neutral third party helps disputing parties negotiate and reach voluntary settlement.
Collaborative Problem-Solving
Mediation enables parties to maintain greater control over outcomes and relationships. Unlike arbitration or litigation, the mediator does not impose a decision—instead, disputing parties work together with professional assistance to find mutually acceptable solutions.
This approach preserves business relationships and allows parties to return to normal operations quickly.
Growing in Popularity
Construction mediation is a forum of dispute resolution growing rapidly in popularity in the industry. It may also be encountered when mediation is required through a dispute resolution clause under contract or where a court mandates mediation prior to formal proceedings. Mediation generally works best when both parties consent to resolve their differences through the process voluntarily, though parties should be adequately prepared regardless of how they enter mediation.
With deep construction industry experience, our mediator understands technical issues that commonly cause disputes. This expertise enables the mediator to ask incisive questions, identify common ground on technical matters, and help parties understand each other's technical positions.
Mediation is completely confidential. Discussions cannot be disclosed to courts or used in subsequent proceedings. This confidentiality enables parties to speak frankly and explore solutions without fear of admissions being used against them later.
Mediation typically resolves disputes faster and at lower cost than litigation or arbitration. The flexible timeline and streamlined process mean disputes can be resolved within weeks rather than months or years.
Settlements reached through mediation are genuinely agreed by both parties. This increases the likelihood of compliance and satisfaction with the outcome, since both parties have consented to the resolution.
Mediation Process
Construction mediations may be advantaged by the mediator conducting a site visit prior to the mediation session occurring. On occasions, the mediation session can be successfully held at the site location involved in the dispute, allowing for a contemporaneous review of issues that may be advantageous to the process, particularly where matters of quantum, progress or quality are at stake.
Mediation typically involves joint sessions where both parties and the mediator meet together, followed by private caucuses (meetings) with each party separately. This structure enables the mediator to facilitate direct dialogue while also helping each party develop and refine settlement positions.
Our mediator is a Chartered Quantity Surveyor, Chartered Builder and Chartered Construction Manager, accredited as a mediator with the Institute of Arbitrators and Mediators and the RICS. With over twenty years construction industry experience, they intimately understand the vast array of disputes that can arise in construction, enabling greater understanding of important issues in both joint and private sessions.
Mediator qualifications encompass financial, construction management, legal and dispute resolution expertise including Master of Laws in International Commercial Law, Diploma in International Commercial Arbitration, and accreditation as Expert Determiner, Arbitrator, Adjudicator and Mediator on various domestic and international panels.
Available Internationally
Construction mediation services are available internationally. We can assist with the organisation of suitable facilities to help parties to a dispute find an expedient, cost effective and satisfactory resolution to their problems, allowing them to return to their core businesses quickly to focus on commercial outcomes with disputes resolved.
