Mediation is a voluntary, non-binding process entered into by the mutual agreement of disputing parties whereby a neutral third party (the Mediator) is appointed to manage the process in order to guide the parties toward a resolution through effective communication and principled negotiation. It is an increasingly popular method of alternative dispute resolution for commercial parties to utilise and has become common-place also in the Construction industry.
Mediation offers a route to resolving a commercial dispute without the parties incurring significant costs and with a view to maintaining the working relationship between the parties. It is a flexible and confidential method of dispute resolution which can be adapted to suit the needs of the parties and the nature of the dispute itself. This flexibility can be a significant aid to resolving complex disputes in a simple and efficient manner.
As a method of dispute resolution it has a high success rate and unlike some other forms of dispute resolution, it can lead to longer term solutions which can facilitate stronger working relationships thereafter.
Drawing upon a wealth of knowledge and experience including construction, quantity surveying, commercial management, law and ADR, Elemental can facilitate clients to prepare and manage their Mediation in order to achieve maximum value from the process.
Whether it requires consultation, advice or representation, Elemental provide flexible solutions for clients wishing to engage in Mediation.
Jarlath Kearney is a Certified Mediator and may be appointed by party agreement.