MEDIATION is frequently favoured by parties involved in a dispute as a way of resolving their differences without full recourse to the courts.

Mediation is less combative than a court setting and more geared towards getting parties to find common ground and look at the positive aspects and the best resolution for both parties.

Due to this, 80% of all cases that enter mediation are settled – unlike the litigation process, which is unpredictable, produces winners and losers and the remedy is blunt.

The parties retain a high degree of control over the mediation process and even though it can be difficult getting both parties to agree, they are free to participate or withdraw at any time.

Mediations are non-binding, so if no agreement is reached then the parties are not in any way bound by what has been discussed.

Mediation generally resolves disputes faster and for this reason it is significantly less expensive than litigation because months, or even years, of court proceedings are avoided.

In the construction industry, mediation is being increasingly used within the dispute resolution process.

Today, most of the construction cases that are filed with a court of jurisdiction are remanded to mediation by the judge to see if a settlement can be reached.

If no settlement is reached, the case will then be scheduled for hearing before the court.

With this in mind, it is incredibly important that construction professionals are well versed in the use and application of mediation as a method of resolving the unique and challenging disputes so often thrown up by the construction industry.

Constructing Excellence is organising a mock mediation which will be compered by me.

This event promises to be entertaining as well as a useful illustration of the advantages to be obtained from using mediation instead of going to court.

To register for this event please contact Leanne on 0191 374 0233 or email leanne@cene.org.uk

For more information on Constructing Excellence in the North East, contact chief executive Catriona Lingwood on 0191 374 0233 or catriona@cene.org.uk

Rob Langley is partner and head of the construction and engineering team at Muckle LLP