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Construction disputes cost more and last longer

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  1. At a time when UK construction disputes are becoming more costly and taking longer to resolve, more consideration should be given to mediation as an alternative method of dispute resolution.

    In an article published earlier on this website (11 November 2011) I argued that mediation was by far superior to adjudication (for all but a limited number of erroneous payment withheld disputes) for a host of reasons including those listed in the article above.

    Mediation certainly addresses (a) the problems of delays in resolution, since mediations can be arranged quickly to suit the parties, and (b) inconsistent adjudication decisions, since the parties themselves remain in control of the negotiations, facilitated by the mediator who can engage in reality testing with the parties.

    Additionally, mediation is cheaper and requires less preparation than adjudication whilst also offering total flexibility in the manner of settlement. In many cases it can preserve the existing business relationship and even prevent insolvency due to the better cash-flow achieved through speedy resolution.

    I am happy to give advice on the suitability of mediation for a dispute to any party. Contact details on my website: http://www.michael-dawson.co.uk .

    Don’t litigate or adjudicate – MEDIATE!

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