Mediation In London Is Ending Disputes & Is On The Rise

How a mediator works will depend on their style. Some are facilitative and content to let the parties talk it through, others are more evaluative and will probe the legal merits of a case head on. It is important that the parties highlight to their mediator at the appointment stage what model and approach they want them to adopt. Facultative or evaluative otherwise this can affect how the mediation is run, if the parties expected one and received the other.

In the world of law and construction you will often find a preference for someone with subject-matter expertise who can reality-test you without losing their neutrality.

Fees are not set in stone and will reflect the seniority of the mediator and the case at hand. For example a mediator for a building dispute can cost from between £750 – £1500 a day per party. Which is a far cry from the £5,000 to £30,000+ you might face with a solicitor in court.

But for a commercial or construction matter in London, expect to pay a premium for a top-ranked KC or leading barrister. Especially if you had a claim that was £100,000+. Effective Dispute Solutions gave an example of a recently mediated construction dispute in the capital.

Their lead mediator Harvinder Singh Bhurji explained it was a typical construction scenario in London. A developer was extremely frustrated with a contractor over a twelve-week delay and spiralled costs. He felt that the work on an office refurbishment, in particular the heating, ventilation and air conditioning unit fitted was shoddy at best.

The contractor relied upon his own experts report, which claimed the real culprit was the late design changes and delays in payment. Proceedings were threatened and instigated with the developer bringing a claim for £280,000. By this point their relationship was in tatters.

Barely speaking to one another, and all communication being through their respective legal parties. Eventually an expert from Effective Dispute Solutions London mediators panel was appointed.

After only one day of joint and separate meetings a settlement eventually was brokered, and the court proceedings could be stayed following the terms of the settlement agreement.

The parties had agreed that the contractor would return back to site to put in the remedial works as per the schedule they had set, and in return the developer would let go of some of the money (£45,000) held back right away.

The remaining balance due was contingent on hitting the new deadlines and milestones the parties both set together. Both parties agreed to put aside their broader claims for damages. It is a sensible way to keep the project on track and spare the expense of lawyers without having to face the unknowns of a full trial.

Banda Aceh

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Sumatera Barat

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Kalimantan Utara

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Udara Kabur

Sumber data: BMKG (Badan Meteorologi, Klimatologi, dan Geofisika)