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Mediation

A meeting where an independent mediator helps both sides reach their own settlement.

by Jack Butler-Kettle · About 1 min readShare

Further detail

Read this alongside the Pre-Action Protocol for Construction and Engineering Disputes.

A mediator helps the parties explore a settlement but does not impose an adjudicator's decision or an arbitrator's award. The parties retain control of whether to agree. Preparation should identify the issues, evidence, authority to settle and the terms needed if an agreement is reached.

A clear account of strengths, gaps and costs improves the discussion. A Claim viability review can support that preparation without predicting a guaranteed settlement.

Sources

  1. Pre-Action Protocol for Construction and Engineering Disputes, second edition. Ministry of Justice.

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