Mediation

Mediation is a voluntary, non-binding private process where the parties to a dispute are assisted by a neutral third-party (mediator) to reach a negotiated settlement which both parties can accept.

Characteristics of Mediation include:

Both parties must be willing to participate – some parties are persuaded to attend mediation due to a court’s suggestion or requirement, prior to commencing litigation.

One or both parties can stop participating at any time.

There is no statutory requirement for the parties to reach a settlement.

If a settlement is reached, an enforceable contract is often prepared setting out the terms of the settlement, which can then be legally enforced.

It is a held on a ‘without prejudice’ basis and is confidential.

The final decision on any agreement or settlement is always that of the parties, not the mediator.

PIER Consulting’s Director, Richard Inman, sits on the Royal Institution of Chartered Surveyors (RICS) panel of accredited civil commercial mediators.

In addition, PIER Consulting also supports parties in respective of mediation on construction and engineering disputes.

Alternative Dispute Resolution