Alway Associates - Mediation
Amidst the forums of alternative dispute resolution there sits mediation; a confidential procedure usually brought about only by the consent of both parties, although there may also exist court ordered mediation.
The premise of mediation is that parties enter the procedure, not least:
- Willing to negotiate; and
- With full authority to settle.
However unless the parties agree the procedure is not binding, indeed at any point during the mediation either party may leave.
It is due to its non-binding nature and premise that each party is willing to concede, albeit probably to a different extent, that the procedure is often maligned as being without bite and thus a waste of time and money. However, in reality parties attending often find that given the opportunity to actually meet the other party, put ones case in front of the other party and then to hear their position can be a refreshing and often illuminating experience. How often is it that in other forums of dispute resolution the lack of communication can prolong or even fuel disputes.
The fact that either party may leave at any time helps takes some of the pressure away that might otherwise block a mutually acceptable resolution being reached. Indeed the fact that the party with representation if they so desire and/or agree, take such an active part gives them the feeling of control, that is the procedure, timetable and costs are not at the hands of a third party adjudicator or arbitrator. Thus the procedure is hoped to reduce conflict and rather enable the parties to focus on the actual matter in dispute thereby hoping to facilitate the best chance of speedy and cost effective resolution.
The plaudits for use of the procedure are growing and Alway Associates are accordingly staying at the forefront both in terms of providing advice, representation and by having registered and practising mediators within the company.
As advisors and representatives we have a range of disciplines by experience and qualifications encompassing law, construction, quantity surveying, commercial and financial management and programming, which makes us ideally suited to assist in the preparation and management of mediation.
Mediation requires individual attention to ensure the best possible results. Therefore at Alway Associates we provide the most suitable person to take overall control and responsibility.
For further information about Alway Associates or to discuss your requirements, please contact:
- Kevin McKee or Michael Rowlinson for the South, London, the Midlands and North West (Tel. 01295 275975);
- Richard Silver for London, the East, South East and Scotland (Tel. 01992 576440);
- Robert Shawyer for the South West, Wales and Ireland (Tel. 02920 464612); or
- Nigel Clayton for the East Midlands and North of England (Tel. 01142 180608).
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Free Help line
Construction Law & CommercialHelpline 0845 838 2759 - View Details
Our Clients
Our clients are drawn from all sides of the industry including:
- Contractors (UK and overseas)
- Developers
- Local Authorities
- Suppliers
- Subcontractors
- Public Bodies
- Private Utilities
- Private Quanity Surveyors
- Architects
- Consulting Engineers
Office Address & Contacts
Banbury Head Office
3 West Bar, Banbury,
Oxon OX16 9SD
Telephone: +44 (0)1295 275975
Facsimile: +44 (0)1295 275981
enquiries@alway-associates.co.uk
