Parties to a Construction Contract can appoint a Mediator to mediate their dispute. Most Courts will encourage some form of ADR and Mediation is often suggested.
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 get in touch on any of the below numbers or use our contact form.