Construction Mediation Services
At ROCAMARTI we are aware that things can get difficult at any of the stages during a construction project. Mediation provides an opportunity for Alternative Dispute Resolution with the aim of avoiding costly litigation or arbitration. We offer accredited mediators to resolve disputes.
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Construction contract mediation
We use facilitative mediation to resolve conflicts, clarify needs and provide reality checks. We manage and co-ordinate the negotiation process, assisting and helping all sides to make progress and encouraging everyone to think creatively about solutions, with the aim of working towards a mutually acceptable settlement.
Mediation may be a non-adversarial structured process used to resolve disputes and disagreements employing a Mediator as a neutral third party to facilitate settlement. Mediation are often used successfully at any time. Mediation is usually used before resorting to adversarial methods like adjudication, arbitration or court proceedings. Mediation are often used once proceedings have commenced. Mediation is meant not only to resolve disputes but also to preserve and re-establish relationships. To achieve success, there must be a mutual commitment by all parties to form the method work. Unlike a judge, arbitrator, or adjudicator, the Mediator will not impose a choice on the parties but instead will help the parties achieve a mutually agreed settlement. Mediation may be a sort of Alternative Dispute Resolution (ADR). Whilst adjudication and arbitration are oftenk referred to as sorts of ADR almost like mediation, there are some fundamental differences within the mediation process. Whilst around 86% of cases settle through mediation, if settlement isn’t achieved the Mediator may sometimes be asked by the parties to offer a non-binding Recommendation for settlement. Mediation may be a private process. All information, records, reports or other documents received by a Mediator while. Serving therein capacity are going to be confidential and privileged from subsequent production. The parties will maintain the confidentiality of the mediation and can’t depend on or introduce as evidence anything said or done at the mediation (other than a final signed agreement settling an issue) in any court, arbitration or other proceedings, including adjudication. Save for situations where the parties have agreed how the costs and expenses of the mediation are to be apportioned between them, the Protocol envisages hat the parties will share the prices and expenses of the mediation equally
Get in touch with us to discuss the nature of your dispute and we will advise if mediation could help. The most common areas we can encounter in a dispute are: