COMMERCIAL MEDIATION
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 construction and resolution qualifications is essential.
Construction mediation is a forum of dispute resolution growing rapidly in popularity in the industry although it may also be encountered when mediation is required through a dispute resolution clause under contract or where a court mandates mediation prior to an actual court proceeding taking place.
As a result, there may be no choice other than to participate in mediation to resolve a dispute and mediation generally works best when both parties to a dispute consent to resolve their differences through the mediation process in the first instance without having to be compelled to do so arbitrarily, although to be adequately prepared for either option is important ensuring a party derives greatest benefit out of the process.
Construction mediations may be advantaged by the mediator conducting a site visit prior to the mediation session occurring and on occasions the mediation session can be successfully held at the site location involved in the dispute allowing for a contemporaneous review of issues surrounding the dispute that may be advantageous to the process, in particular where matters of quantum, progress or quality are at stake.
As well as being a Chartered Quantity Surveyor, Chartered Builder and Chartered Construction Manager, Neil Kirkpatrick is also accredited as a mediator with the Institute of Arbitrators and Mediators and the RICS with over twenty years experience in the construction industry. He intimately understands the vast array of disputes that can arise in construction allowing for greater understanding of the important issues during joint and single party sessions.
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.