Douglas Beckwith

Appoint a Mediator

When to use it: Mediation can be employed at any time during the project and after completion.  It is best used once conflict has arisen and before formal proceedings, such as adjudication, have begun.  However, it can still be used whilst those other proceedings are progressing in an attempt to settle the dispute before positions become entrenched and costs mount up.  Sometime, one party is reluctant to engage in mediation.  Some think it is a sign of weakness.  It is not.  It takes courage to face up to the fact there is a problem and it makes good business sense to resolve it before it gets out of hand.  If you find that one party won;t engage then you can still approach us to act and we will take steps to encourage participation.  If the mediation doesn't proceed because one party is reluctant to join the process then we will refund any fees paid less our administrative costs calculated in accordance with our Terms of Sale.  There is no nomination fee payable for the appointment of a Mediator.

Scope of Service

Our model of mediation is based on a one day hearing held in person (with follow up sessions on-line of required).  This is because we believe this model produces the best results for complex construction issues.

Our mediation service includes:

  1. Ability to select your own mediator from our panel of mediators, subject to availability.
  2. Completing the administrative arrangements for the mediation including the mediation agreement.
  3. 8 hours preparation and individual pre hearing discussions with the Parties.
  4. Template for use in preparing Position Papers. 
  5. Full day's attendance at the mediation hearing (max 12 hours).
  6. Draft Settlement agreement template.
  7. Overseeing of the preparation of the settlement agreement by the parties or their legal representatives.
  8. Overseeing the preparation of a Tomlin order, if required.
We will require certain information to be provided by the Parties before we are able to start work.  We will set this out in our Confirmation Email to you.  Documents are delivered electronically using our Service Centre.

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