Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
To what extent is mediation being used to resolve construction disputes? David Evans, legal director, solicitor and mediator in the construction team at Blake Morgan and mediator at Oxford Mediation, considers that, while mediation is still not commonly used in construction disputes, it will likely become more popular due to the high cost of adjudication and gradually increasing awareness of the benefits and flexibility of mediation.
This article was first published on LexisPSL Construction. Click here for a free trial.
Mediation has moved on a lot over the last 15 years or so. But it is still not routinely used by construction professionals. The process has changed. Mediators are now more likely to be lawyers than ever before and very often counsel, and even leading
counsel, are brought in to represent parties. Counsel (and solicitors) can feel obliged to demonstrate their value to their clients and ‘grandstand’ from time to time. Sometimes lawyers get in the way of the settlement their clients could
achieve, and the mediator’s role can include making them see that.
Adjudication (like arbitration before it), is becoming very expensive, and far too expensive for the significant number of construction disputes where less than £100,000 is at issue. In my view the particular opportunity for mediators is in these
lower value disputes, and I think this is the range where we will see rising numbers of mediations. However, mediation (as opposed to adjudication) is cost effective for disputes of any value, is attractive in comparison to the alternatives, and is
Disputes are common events, but for individuals are relatively rare. Many construction professionals go through the whole of their working lives without encountering a serious dispute which can’t be settled through negotiation.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234