BL Resolve comes of age...
The penny is beginning to drop. Mediation is gaining
ground in the construction industry, albeit slowly. Other
industries, particularly corporate banking and insurance,
already recognise that mediation is extremely cost
effective and is a far cheaper process than, for example,
adjudication. But alternative dispute resolution (ADR)
in the UK is said to be about five to ten years behind the
USA.
As a means of resolving disputes, mediation can be much quicker
than even adjudication and can be arranged at very short notice.
Typically around 80% of disputes referred to a mediator settle on
the day of the mediation or very soon thereafter. Even if disputes
do not settle, usually each side is afterwards in a better position
to address the real issues in dispute. The process also helps to
clarify issues and risk. But a significant feature is that the
parties are free to suggest options that an adjudicator, arbitrator
or the court could simply not entertain.
BL Resolve, a mediator provider organisation accredited by the
Civil Mediation Council, has been providing mediators to the
National Mediation Helpline since June 2007. BL Resolve’s eight
commercial mediators are referred cases by the Helpline and courts
across the south of England, London and the Midlands. BL Resolve’s
mediators help parties in dispute to sort out their differences in
all sorts of commercial situations; but we have a particular
expertise in construction disputes.
Construction disputes are often complex and involve several
interested parties - clients, consultants, contractors and
sub-contractors. Mediations can be particularly effective for
multiparty disputes. Recently BL Resolve’s Jonathan Lloyd-Jones and
David Evans co-mediated a construction dispute involving five
parties, their legal representatives and their insurers. 26 people
got together to attempt to work through disputes involving several
related contracts. The process, of course, remains
confidential.
BL Resolve has the resources to offer experienced mediators for
all kinds of disputes, as well as advice regarding dispute
avoidance and appropriate provisions in partnering agreements.
For further information about
mediation contact David Evans on
01865 254289 or visit our BL Resolve mediation webpages
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