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Mediation / Facilitated negotiation

Mediation is a negotiation between two or more parties moderated by a neutral party to resolve a dispute and address related concerns in ways that meet the parties’ interests. It involves the participation of the parties in a problem solving exercise instead of relying on a victory to be won by one party, which might never realise.

In any dispute, negotiations between parties should always be encouraged to resolve issues in the quickest and cleanest way possible to preserve relationships and cease the employment of valuable resources to the dispute, which ultimately translates to inefficiency and loss for the parties involved. Very often, whilst having a mutual commitment to resolving  their dispute, parties are unable to initiate the process by themselves or to reach a positive outcome for a myriad of reasons, often anger and fear narrow perspectives and get in the way of effective discussions. In such cases parties may serve their interests well by gaining the assistance of a facilitator to assist them in reaching a negotiated settlement where possible. This is where we come into the picture as mediators of construction disputes.

We serve the role of mediator guiding the parties to their own problem solving negotiations striving for a settlement which is far better than a win loose outcome associated with adjudicated claims. Litigation very often places a barrier between the parties to a dispute and impedes the humanisation of the dispute. We aim to have the parties speak from the heart and in so doing they architect their own solution.

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