Construction Mediation

Construction Mediation

Construction mediation is often an effective way of resolving construction disputes without the time, cost and disruption of court proceedings. Where parties want a commercial solution, greater flexibility and the opportunity to protect an ongoing business relationship, mediation in construction can be a valuable route forward.

At Anderson Strathern, we advise clients across the construction industry on construction mediation and wider forms of alternative dispute resolution construction. We support employers, contractors, consultants, developers and other parties involved in construction and engineering disputes, helping them assess risk, prepare effectively and work towards practical settlement where possible.

Mediation in construction disputes

Mediation is one of the most widely used forms of alternative dispute resolution ADR. It involves a neutral third party who helps the parties explore whether a negotiated outcome can be reached. Unlike a judge, adjudicator or arbitrator, the mediator does not impose a decision. Instead, the process is designed to help the parties identify common ground, test positions and seek a commercial resolution.

In construction and engineering disputes, mediation can be particularly useful where there are multiple parties, technical issues, commercial sensitivities or a continuing business relationship that the parties want to preserve. It can also be a sensible option where resolving construction disputes quickly and confidentially is a priority.

Construction mediation as part of the wider dispute resolution process

Mediation often sits alongside other forms of ADR and can be used before, during or after more formal steps have been taken. In some cases, parties consider mediation at an early stage under the pre action protocols or the pre action protocol for construction and engineering disputes, which applies to construction and engineering claims in England and Wales before court proceedings are issued. The Protocol encourages the exchange of information and says parties should usually meet at least once before proceedings to consider whether some form of ADR would be more suitable than litigation.

Mediation can also be used alongside the adjudication process, for example where parties want to explore settlement while preserving their rights in relation to an adjudication or later court proceedings. For many clients, it provides a flexible and commercially focused route to settlement, whether the dispute concerns payment, delay, defects, final account issues or wider project disagreements.

Our expertise in construction mediation

Our team advises on all aspects of construction mediation, including:

• early case assessment and strategy
• preparation for mediation in construction disputes
• drafting position papers and settlement proposals
• advice on the choice of party mediator or mediation provider
• mediation involving multiple parties and complex project structures
• disputes under standard forms and bespoke contracts
• mediation running alongside adjudication, litigation or other forms of ADR
• negotiating and documenting the terms of a settlement agreement

We work with clients across a broad range of construction and engineering disputes and understand the legal, technical and commercial issues that can arise. Our role is to help clients approach mediation from a position of strength, with a clear understanding of risk, leverage and the available options.

A practical route to resolving construction disputes

Construction mediation is not suitable for every case, but it can often help parties resolve construction disputes more quickly and proportionately than formal proceedings. It allows for outcomes that a court or adjudicator may not be able to impose, including commercial compromises, staged solutions and agreements designed to support future working relationships.

The Technology and Construction Court has continued to emphasise the importance of ADR, and its annual reporting notes that many technology and construction disputes are resolved by ADR, with judges encouraging parties to consider mediation either to settle the dispute or narrow the issues.

Why choose Anderson Strathern

Clients choose Anderson Strathern because we combine strong disputes expertise with a practical understanding of the construction industry and the pressures facing those involved in live or completed projects. We know that clients considering mediation want more than abstract legal analysis. They want commercially focused advice, realistic settlement strategy and lawyers who understand the broader context.

Our team is experienced in advising on construction disputes and alternative dispute resolution ADR, and we work closely with clients to identify the most effective route forward. Where mediation is the right option, we help clients prepare thoroughly, negotiate effectively and protect their position throughout the process.

How we can help

If you are considering construction mediation or want advice on mediation in construction as part of a broader dispute resolution strategy, our team can help. We advise clients before, during and after mediation, including on settlement strategy, negotiation and settlement agreement terms.

If you’re looking for advice on construction mediation, get in touch with our expert lawyers today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.