Construction Dispute - Mediation

Brant Construction Quantum Experts

Construction Dispute - Mediation

Brant has substantial experience in supporting Parties throughout the Construction Dispute – Mediation process.

As part of the pre-action protocol, the Courts require that parties attempt to seek settlement through mediation prior to attending Court. Failure to adhere to this requirement will potentially result in cost consequences. Mediation is also stated as the first form of dispute resolution in some bespoke Contracts, or amendments to standard form Contracts.

We produce clear, concise and well-presented Position Statements. We also ensure that the Position Statement is supported with as much substantiation as possible, to enable us to convince the other party that we are correct and that we are confident of our position.

Mediation may not be applicable in all situations but where it is appropriate it can be a very successful form of dispute resolution.

In considering whether to promote or agree to Mediation in a Construction Dispute some or all of the following should be taken into account:

  • Is litigation underway, or threatened?
  • Are ongoing positive relationships important?
  • Is a quick solution required?
  • Is it beneficial to air issues on a without prejudice basis?
  • Is there a more appropriate form of dispute resolution for this issue?

Brant can advise on all of the above considerations and take the necessary steps to promote or defend a client’s interests.

Promoting or defending Mediation can tie up significant Client resources which can distract personnel from their everyday duties.

Brant can deal with all aspects of Construction Dispute – Mediation, thus keeping to a minimum the involvement of a Client’s own personnel. Alternatively, we can provide guidance to our Client’s own personnel, or work alongside a Construction Lawyer, whereby we can concentrate solely on the quantum and time issues.

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Our involvement can range from guidance and advice, to full management and resourcing of a particular matter. If you would like a no obligation consultation about any issues you may have, or you would like more information about our services, call us on 01733 568687.

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