OTHER ADR

Below you will find details about other methods of Dispute Resolution.  Please feel free to print these pages and review them at your leisure.    If you would like to know more about any of the topics below please do not hesitate to contact us at advice@arbicon.co.uk  

MEDIATION IN THE UK CONSTRUCTION INDUSTRY

What is Mediation?

Mediation is a well established process used for resolving disagreements in any matter which an impartial third party (the mediator) helps people in dispute to find a mutually acceptable resolution.

Mediation is based on the following principles:

• Collaborative problem solving between those in dispute, reaching a 'win/win' situation which is acceptable to all.
• A focus on the future, with emphasis on rebuilding relationships rather than apportioning blame for what has happened in the past.
• A belief that acknowledging feelings as well as facts allows participants to let go of their anger and upset and move forward.

The structure and common-sense approach of mediation:

• gives those involved an opportunity to step back and think about how they could put the situation right. This can mean looking at their own behaviour as well as that of other people.
• enables participants to come up with their own practical solution which will benefit all sides.
• allows people to rebuild relationships as they work together to find an agreement. This is different to the legal process, where hostility often still exists between parties once the case is over.

Mediation is generally more cost effective and quicker than going to court, and is a flexible process that can be used to settle disputes in a whole range of situations.

It is also an excellent preventative tool and can be used effectively to stop problems escalating and becoming worse.

Thus the role of the Construction Industry Mediator includes an appreciation of the psychology of disputes as well as construction expertise and arbitration skills.

Mediation Procedure

Unlike Arbitration and Adjudication, Mediation is a more informal approach to dispute resolution. The process to be adopted can be agreed between the parties, it is likely to be non-binding, without any need to comply with rigid legal rules or worries about natural justice, the mediator can approach each side and express his opinions more openly so as to advise each side of what the likely outcome of the dispute will be. This process is likely to include time spent with each party individually letting them put their case. There may then be a meeting of both parties with the mediator, where the likely outcome of the dispute will be expressed. Following this the parties hopefully will then make an agreement and settle the dispute.

ARBICON ADR LTD can provide party representation by attending mediation meetings and assisting with presentations to the mediator including advice on matters of disclosure and without prejudice submissions.

Although mediation sounds simple and straightforward, in reality it requires the diplomacy of both sides and commitment to submit to such a procedure on a voluntary basis. This can prove difficult in practice as disputes arise normally when one party strongly refuses to provide performance or payment under the contract and thus may refuse to entertain any form of ADR. Thus if the issue must be forced Adjudication or Arbitration will be appropriate.

If you would like to know more about mediation, need a mediator or require representation in a mediation, ARBICON ADR LTD can assist, please call to discuss further.

NEGOTIATION IN THE UK CONSTRUCTION INDUSTRY

The easiest and cheapest solution for parties in dispute is to resolve their differences and reach a settlement without the need for formal proceedings.

ARBICON ADR LTD, when appointed to represent a party will always as a first step attempt to negotiate a settlement with the other party if it is appropriate to do so. There are two main reasons for this approach and protocol.

Firstly, if the dispute is resolved as a result of our submissions and negotiations an effective and economic solution will have been reached for both sides.

Secondly, the submissions made by ARBICON ADR LTD in attempting to resolve the dispute will ensure that the claim has been properly and fully canvassed. This means that the other party will be clear as to what the full claim is and in default of any response to it there will be a dispute that can be fully and formally referred to adjudication, arbitration or in some cases where ADR is not possible litigation.

Thus your dispute whatever the size can be easily handled economically by ARBICON ADR LTD prior to formal proceedings, indeed we recommend you involve us at the earliest opportunity when a dispute arises.