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A Focus on Mediation
by the South East Branch of the Chartered Institute of Arbitrators


The Case for Mediation as a means of Alternative Dispute Resolution

Conflict is recognised as an inevitable and perhaps even necessary aspect of life. However, when negotiations fail and conflicts become disputes, those involved may face catastrophic damage, not only as a result of the outcome of the issue, but from pursuit of a resolution using insufficiently qualified people or inappropriate procedures.

Litigation as everybody knows can be extortionately expensive and even a small case can cost many thousands of pounds with no guarantee of a satisfactory settlement.

Arbitration costs are of a similar proportion, with the so-called winner often sharing a large percentage of the costs.

Adjudication is now the most popular form of alternative dispute resolution in the construction industry but even this is generally an expensive exercise, with both parties bearing the burden of their own costs, win or loose.

These forms of dispute procedure offer win-loose results, where only one party is successful. Mediation on the other hand is a win-win solution in which both parties can be equally successful.

Read our other pages to find out about Mediation and how to start it in order to resolve your dispute.