Construction Mediation- Avoiding Pitfalls

Construction Mediation- Avoiding Pitfalls

The KCS website offers construction mediation services at affordable prices for anyone who needs them. The only beneficiaries of lengthy litigation and arbitration are lawyers, and such costs can be avoided by flexible cheap construction mediation.A fortune can be spent on obtaining a formal arbitration award or court judgment which satisfies neither side and leaves even the winner worse off financially than he would have been had he abandoned the case in advance. Construction mediation is the answer and can leave both sides better off in the end. Even parties who embark upon construction mediation with little expectation of a positive outcome one way or the other often find that solutions are achievable when they start to engage with one another. And even when construction mediation fails both sides come away with a better understanding of the other side’s position, an understanding which in itself can result in much higher costs being avoided even if court proceedings are unavoidable.

If you have a dispute with a builder, often they will take a totally different approach once they realise they are dealing with a professional who understands the industry.

Construction mediation offers much the best chance of getting parties together to see whether settlement is possible.  Fear of showing a signs of weakness is often the reason parties avoid negotiations and miss out on opportunities, which would benefit both sides.  Embarking upon  construction mediation is not a sign of weakness, it’s just common sense. Increasingly courts are showing willingness to penalise parties who reject mediation in disputes, by refusing to award the participants their legal costs even if they win. An important legal case in 2002 (Dunnett v Railtrack) was an example. Insurers in particular increasingly favour construction mediation as a solution to appropriate disputes. Litigants are increasingly overcoming their wariness that engaging in construction mediation at all might be construed as an admission of liability. Construction mediation is now a common solution to construction disputes.  But figures are hard to come by for obvious reasons.

KCS Construction Mediation Services

We at KCS welcome enquiries on this website for anyone requiring an honest impartial construction mediation service. Costs are a fraction of those which are likely to be incurred in going to court and even if construction mediation fails the understanding both parties will have gained as to each others position will very likely save substantially on legal costs later and pay for themselves several times over. Our expertise in any disputed building issue will be infinitely greater than most lawyers. All a lawyer will do it obtain the services of some expert, charge you for finding him, leave you to pay his bill and then charge again for ‘considering’ (sic) and explaining the expert report to you. Hourly rates for this useless service, which you could have done better, more quickly, and free of charge for yourself can typically be £200 an hour. KCS has nearly forty years experience right across the range of the construction industry .and in the unlikely event we need (with your agreement) to bring in the services of another professional, it will be to provide an expert opinion which we are not also be charging for ourselves..We will know where to find the right expert immediately (should one is required at all, more likely at all. A lawyer will simply charge for the service of finding an expert and may well have no idea how to get the best value for money from any that he does find. And if goodwill, can be maintained between the parties, then so much the better. There‘s no need for both parties to even have their own experts. If they both trust us to be impartial the costs of construction mediation can be shared

But please ensure that you understand the process.  Construction mediation is a flexible arrangement conducted in confidence. A neutral person assists the parties in reaching a mutually acceptable settlement. Nothing is binding in the end unless both agree. Construction mediation is not conducted by an amateur version of Judge Judy. The mediator has no powers to enforce a settlement. But after the construction mediation process is complete both sides will better understand the strengths and weaknesses of their cases and there’s every chance of a mutually agreeable settlement. And unless there’s some obvious unquestionably correct fact involved which the other side continues to deny construction mediation does not normally seek to persuade one side or other that that he is wrong. There’s no fixed construction mediation procedure. So any arrangement, formal or informal can be agreed. There might be an initial meeting where both sides have their say or the parties may meet with the mediator on site. In some cases no meeting will be needed at all. In some cases Construction mediation can sometimes be done by just examining the documents and writing a few letters.

KCS Construction Mediation. A Sign of Confidence

Agreeing to construction mediation is not a sign of weakness. It’s a sign of confidence.   Construction mediation is often the first chance you have to make your opponent understand the strengths and weaknesses of the competing cases. This can be particularly helpful where various employees of companies have been involved, all having their own say but where no one sees the whole picture. Sometimes employees in companies have a vested interest in avoiding compromise in disputes because it’s not they who have to pay the costs yet they benefit from avoiding taking responsibility for things that have gone wrong. One person looking at the overall picture can cut through all this obfuscation and time wasting. Construction mediation may be the first occasion on which a decision maker on the other side has his first chance to understand your complaint and see what his own side has been avoiding telling him. Construction mediation is a chance to expose bad advice and bad performance and for you to explain to the decision maker on the other side why you are right. Who knows, your opponent may agree with you. Involving lawyers in circumstances where the other side doesn’t really understand your complaint will make things worse not better. A court case, which you end up paying for, may be unrecognisable to you when you attend, sit through it and give evidence. But the timing of construction mediation needs to be considered with care. If you start to proceed seriously too early the facts may not yet be available but don’t leave it too late ether. Contact us at the KCS website and we’ll advise you accordingly

KCS Construction Mediation  Offers Flexible Solutions

A big advantage of construction mediation is at it can conclude to the satisfaction of both sides without any transfer of money between the parties at all. Litigation nearly always results in some sort of financial settlement (and a large legal bill) but construction mediation can conclude with some non monetary component such as some sort of concession to put something right, or agreement to pay in instalments, and the position can remain flexible even beyond the point of settlement.. We can be involved to check that the outcome of the construction mediation process reaches a final conclusion satisfactory to everyone and contractual relationships can remain intact throughout to everyone’s benefit. It’s not uncommon following court cases for further disputes to arise in relation to whether the final court order has been complied with. But construction mediation depends upon the trust that both sides have in the mediator. We will observe the confidentiality of both sides to help you both arrive at the settlement you need and we are aware of the difficulties both sides sometimes have in arriving at a settlement. Sometimes it’s about saving face. Arriving at a settlement where one side avoids humiliation is an important consideration in construction mediation. Sometimes parties will go on fighting legal battles until the bitter end even when they know they are wrong, simply to ensure that the other side suffers as well. And only their lawyers benefit. Some uncharitable observers suspect that sometimes lawyers deliberately inflame disputes to keep them going. There’s certainly no incentive for them settle anything amicably