A useful process in conflict cases

Building & Construction

The building and construction industry is traditionally one of the most complex and adversarial arenas in which to resolve disputes, predominantly because of the number of parties that become involved, especially on large-scale projects.

Mediation has quickly become the most common form of dispute resolution in the building and construction industry as parties seek to resolve issues rather than potentially halting works for years, incurring huge and unnecessary expense and irreparably damaging relationships through litigation. There are a wide range of issues that mediation can help to resolve, including –

  • Issues with contractors, sub-contractors and suppliers
  • Contractual disputes
  • Entitlements to penalties or extensions
  • Professional negligence
  • Finance
  • International and multi-jurisdictional issues

Global Mediation’s highly-skilled mediators facilitate both parties in working towards a swift, cost-effective and mutually beneficial settlement, as well as attempting to keep projects to timescales and rebuilding trust and relationships.

For more information on Global Mediation’s building and construction mediation service, please contact us or request a callback by completing the form on the right.

Examples of cases mediated

  • Party wall agreement dispute
  • Dispute relating to the discovery of ransom strip in residential conveyance
  • Boundary dispute / issues of ownership and trespass
  • A disagreement arising out of defective/incomplete works and related warranty claims.
  • A dispute between parties about breaches of statutory duty
  • A number of cases involving disputes about vibration and demolition damage to buildings
  • A disagreement about failure to build in accordance with or obtain Building Regulations/Planning permission
  • A time penalties claim due to faulty conservatory design, Further Time Penalty claims
  • Disagreement over poor flat roofing work
  • Dispute between builder and clients for whom he had constructed an external wall with which they were unhappy; both sides were represented and the main concern by the time of the mediation was the escalating legal costs
  • Claim brought by a group of estate residents against a large construction company in relation to a private access road which was alleged to be not fit for purpose.
  • Dispute between individual and builder/sub contractor regarding cost and quality of kitchen installation, with legal issues as to who was responsible for alleged loss
  • Dispute about the installation of a roof waterproofing system, and whether ingress of water was caused by owner of property, the method of installation or the appropriateness of the covering (three defendants).
  • Dispute between hotel owners and commercial plumbing and heating installers regarding allegations of faulty installation and damages claims
  • Building dispute over contract for supply and erection of waste transfer building and offices
  • Sub-contractual claim for non-payment of invoices at housing development
  • Building dispute over construction of extension to residential premises funded by local authority disability grant 
  • Dispute over building works to private house involving re-design and extension to ground floor premises and re-fit of kitchen.
  • Dispute between owners of neighbouring properties over defective building works causing damage to party wall.
  • Contractual dispute over extension and re-design of kitchen at residential premises
  • Dispute arising from construction of new buildings and associated services in college of further education
  • Various disputes arising from commercial building construction
  • Various disputes arising from residential building construction and renovation

 


Mediators that specialise in Building & Construction

Adam Gersch

Managing Director

Adam is Global Mediation\'s MD as well as Head of Argent Law Mediation Team. A criminal barrister, he established Global Mediation in 2001 and his ability to manage complex cases coupled with his personable approach, creativity and lateral thought processes is both respected and sought-after.

Charles Horn

Mediator

With an outstanding settlement rate of over 90% from more than 500 mediations, Charles is an advanced negotiation expert with multi-faceted mediation experience. Rather than evaluative or directive, his style is holistically reactive to the needs of the parties and their interactions with others.

Gareth Thompson

Mediator

Gareth creates trust and confidence with his ability to get parties to \"buy in\" to the mediation process and to take ownership and responsibility for generating a successful outcome. He deals confidently with multi-layered personal dynamics and is highly skilled in managing diverse, complex issues.

Grace Ong

Mediator

A barrister with expert-level experience of deconstructing issues and getting to the root of the matter, Grace combines impartiality with a calm yet firm manner. She has the ability to encourage parties to critically evaluate their positions and ease deadlock situations across all types of dispute.

Jane Gunn

Mediator

An internationally regarded mediator, Jane has a natural affinity with users of mediation and provides valuable insight and wisdom into how to identify and manage conflict before it escalates. She tests parties? positions using diplomacy skills and reality checking as encouragement to settle.

Jeremy Connell

Mediator

Jeremy successfully manages the mediation process through a combination of acute listening and subtle yet effective intervention. He has an ability to quickly establish a constructive rapport with both parties in dispute through building trust and an unwavering commitment to dispute resolution.

Linda Laurance

Mediator

A previous director of Global Mediation, Linda skilfully assists both parties to identify the deep-lying issues of each dispute, to identify the common ground and to achieve an agreeable and sustainable resolution. She is very adaptable and has an outstanding track-record of successful mediations.

Martha Monday

Mediator

Martha has extensive mediation experience, having been mediating on a regular basis since 1998. She practised simultaneously as a family law barrister for 16 years, but has recently resigned from the Bar to concentrate upon her mediation practice, preferring the investigative, empowering and non-adversarial approach offered by this process of dispute resolution. Assisted by her honed listening and negotiation skills, she has an exceptional track record of successful mediations. Martha conveys a degree of empathy, whilst remaining alert to the needs of all parties to find fair, practical solutions

Richard Watkins

Mediator

A highly skilled mediator who takes a diplomatic approach to sensitive situations and has the skills to mediate challenging cases that have sensitive or pressured time constraints. By maintaining a sense of calm through the process, both parties can find an agreeable resolution to their dispute.

Roy Poyntz

Mediator

Roy is a highly qualified mediator and business leader who quickly builds rapport with parties. He is experienced in solution-focused as well as relational repair mediation styles and seeks to put parties in control and engage them as experts while maintain a relaxed sense of humour and humanity.

Sally Ruthen

Mediator

With legal and psychological experience, Sally is a reputable and successful mediator who approaches each case with versatility and confidence. She quickly appreciates the issues, needs and interests of both parties and projects a positive outlook enabling them to settle their disputes fairly.

Sally Thompson

Mediator

Sally is a practising barrister who is highly coveted for her ability to achieve creative settlements in the most challenging of cases. Her approach is flexible and tailored to the individual requirements of each mediation and she looks for principled solutions to move towards a lasting resolution.