Representation in Mediation

Mediation is a voluntary form of dispute resolution where the parties work with an independent mediator to negotiate an amicable settlement of their dispute.  This allows disputes to be resolved quickly, cheaply and whilst maintaining the working relationship between the parties.

Disputes are common on construction projects and we always advise our clients to consider mediation to get those disputes resolved in the first instance.  If a mediation process is successful, it will end in a settlement agreement – this allows the parties to avoid costly processes such as adjudication, arbitration and litigation.  If the mediation process is unsuccessful, then these options are still available.  Little is lost by attempting a mediation at the outset.

A party who unreasonably refuses to mediate might be levied with cost sanctions if the dispute is ultimately resolved in court.  An offer to mediate should not be refused without first taking legal advice.

Robust Representation

We have represented parties in countless mediation processes – from small disputes concerning the application of delay damages, through to large multiparty disputes concerning defective design on cross-border projects.  Our director and lead consultant William Brown is a practicing mediator and a qualified solicitor advocate.  This allows our team to put forward compelling written and oral arguments during mediation processes which assist our clients in achieving favourable settlements.    

What makes Fortfield & Brown different to other firms is the fact that our team are dual qualified construction and legal professionals, who also have specialist training in mediation.  Our ability to explain both the technical and legal aspects of a dispute during a mediation process has proven to be extremely valuable in steering mediations towards amicable settlements.

Recent Experience

Some of our recent mediation experience includes:

• Representing a Contractor in a £450,000 dispute concerning defect rectification costs on a carpark refurbishment project.
• Representing a Contractor in a £250,000 dispute concerning delays caused by Covid-19 on a harbour infrastructure project.
• Representing a Contractor in a £220,000 dispute over adverse physical conditions on a new-build school project.
• Representing a Public Sector body in a £110,000 dispute over the assessment of a number of contested compensation events on a government building refurbishment project.
• Representing a Contractor in a £150,000 dispute over damage caused by a Sub-contractor on a new-build hotel project.