How to complain if you’re unhappy with building work
The foremost feature of mediation would be it should not be deemed a single event. It should certainly not be deemed as a one-time meeting where you would be able to resolve your issues magically. Then, what do you understand by the term mediation? It would be best described as a process that would take place with predictable steps. It would be pertinent to mention here that understanding these steps in the process could assist you in managing through the process with ease. When parties to mediation enter the process, they would gain huge success in understanding the steps along with their role in the process. To find out more check out our FAQ!
Process prior to undergoing mediation
When it comes to mediation , you should rest assured to prepare yourself in the best manner possible. Often the question comes to the mind on what the consumers go through prior to entering into mediation. Let us delve into it.
The PAP or Pre-Action Protocol specifically designed for construction or building disputes would enable you to seek an optimal solution prior to going to court. The parties would be exchanged valuable and relevant information to the matter at hand. The claimant would allow the defender to understand the claim and prepare its defense. The aim is to iron out the dispute before actually having the need for entering into litigation. The purpose of the pre-action meeting held between the parties within 28 calendar days would be for the parties to talk and understand the issue in order to come to an amicable solution.
Understanding the benefits of mediation
Several benefits have been associated with the process of mediation offered to the construction industry. Some of the benefits have been listed below.
• Relatively cheaper than litigation
Mediation has been deemed cheaper than litigation for various reasons. The foremost reason would be mediators experienced in construction business charges by the hour. It is simple and much easier than preparing for litigation. You could participate as and when the opposite party requests jointly.
• Relatively quicker than litigation
The mediation process would be completed in one or two days, making it relatively quicker than litigation. It would take fewer days than litigation. On the other hand, in order to get a trial in litigation, the parties might have to spend months, a year or even a longer time.
• Parties could appear without a lawyer you may not need attorneys to attend the mediation process. The parties to the dispute could, on joint request or individually attend the proceedings. They could express their concerns and opinions according to their desires. Unlike the litigation, parties to the mediation would be able to take care of their own matters.
• An informal process
The process of mediation is informal that in event of engineering or construction contract does not honor the ADR option, mediation could still be scheduled by way of mutual consent to the parties to the contract. The best part about mediation is it is a private process that does not gain media attention or knowledge of other people not associated with the case.