Construction Mediation & Conciliation, Belfast
What is Mediation?
Mediation is a voluntary, non-binding process entered into by the mutual agreement of disputing parties whereby a neutral third party (the Mediator) is appointed to manage the process in order to guide the parties toward a resolution through effective communication and principled negotiation. It is an increasingly popular method of alternative dispute resolution for commercial parties to utilise and has become common-place also in the Construction industry.
What is Conciliation?
Conciliation is based largely on the same principles as Mediation and is a very common resolution process for construction disputes in the Republic of Ireland. It could be described as Mediation with an option for a non-binding recommendation. Both processes place a significant emphasis upon the parties themselves to take control of how they can resolve the dispute and they often choose to bring experienced representation with them in order to maximise their participation in the process and succinctly advocate their case.
Why use it?
Both Mediation and Conciliation offer a route to resolving a commercial dispute without the parties incurring significant costs and with a view to maintaining a working relationship. It is a flexible and confidential method of dispute resolution which can be adapted to suit the needs of the parties and the nature of the dispute itself. This flexibility can be a significant aid to resolving complex disputes in a simple and efficient manner. As a method of dispute resolution it has a high success rate and unlike some other forms of dispute resolution, it can lead to longer term solutions which can facilitate stronger working relationships thereafter.
The use of such methods of dispute resolution are all the more relevant, and in many cases mandatory, in light of the courts actively encouraging the use of ADR methods where it is deemed appropriate or desirable. Crucially, the court can also take account of a party’s actions in deciding whether or not to use ADR during a dispute when it comes to exercising discretion on awarding costs in Litigation. This is a strong incentive for parties to use either Mediation or Conciliation in an attempt to amicably settle a dispute early where possible.
What can we provide?
Elemental can guide clients through the process. Whether it requires consultation, advice or representation, Elemental provide flexible solutions for clients wishing to engage in Mediation/Conciliation or simply learn more about it.
Drawing upon a wealth of knowledge and experience including construction, quantity surveying, commercial management, law and ADR, Elemental can facilitate clients to prepare and manage their Mediation or Conciliation in order to achieve maximum value from the process.