Mediation is the most common type of alternative dispute resolution in homeowner disputes. The parties meet with an impartial mediator in an attempt in reaching an agreeable settlement. The mediator is an independent third party whose primary role is to facilitate the negotiations and settlement between the parties. The mediator is not a decision maker or a judge. Mediation is a voluntary process where the Mediator helps the parties in a dispute to find a solution to the issue that they are facing and facilitate a solution they are both agreeably happy with.
The mediator remains entirely neutral and impartial throughout the process and will not tell the parties what to do. The Mediator’s key role is to alternate back and forth between the parties helping each work towards a resolution. It is a type of negotiation process and allows for a resolution based on, and the promotion of, common sense.
Mediation has been proven to be a popular, proactive and cost-effective way of settling a commercial dispute. With the support of a Mediator, the process encourages parties to work together to find an amicable solution.
Even where mediation concludes without a settlement being reached, it is rare for it to have been a waste of time or money. It is not uncommon for a settlement to be reached in the days and weeks following a mediation as both parties are given an opportunity to reflect on the others position within the dispute.
During the mediation process the parties will have gained some sense of perspective and an understanding of the other party’s position, together with the underlying rationale. A high percentage of disputes which do not settle at mediation, do so shortly afterwards.
If you are unfortunately locked in a dispute with a contractor or in a commercial dispute with a construction company considering mediation as a realistic alternative to court proceedings is a course of action you should consider.
If you are in any doubt of your legal position at all, please take legal advice or contact us for free advice on how we can best help you.