We negotiate contract terms and amendments on behalf of our clients as well as negotiating settlement of disputes or differences.
The negotiated settlement of disputes can also be achieved through the more formal processes of mediation or conciliation.
Mediation has grown in popularity since the Woolf reforms in 1999 and is basically a structured negotiation directed by an independent mediator. It is non-binding unless both parties confirm their agreement to any settlement terms.
Conciliation is very similar to mediation except the conciliator plays an active role in putting forward suggestions regarding settlement options.
The mediation process for construction related disputes can be commenced through the court appointed scheme, under the TCC Protocol or by the consent of both parties. We have extensive experience of mediation from a £30,000 dispute relating to a private swimming pool collapse to a multi-million pound dispute involving marine piling and a new harbour terminal.
We understand the intricacies of the mediation process and advise clients on:
- The importance of preparation
- Establishing the right climate
- Exploring leads
- Bidding and Clinching
We also have experience of conciliation and are happy to discuss this further. However, it has to be said it is far less common than mediation as a method of seeking to resolve disputes in the construction industry.