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The Technology and Construction Court (TCC) encourages the avoidance of litigation where possible by encouraging the parties to consider alternative dispute resolution (ADR).
The Pre-Action Protocol for Construction and Engineering Disputes stipulates that the parties involved must meet at least once prior to starting litigation to determine the best way forward.
One of the most common forms of ADR is mediation where the parties jointly appoint an accredited mediator.
Mediation can be attempted either before or once court proceedings have been started.
The role of a mediator is to facilitate confidential dialogue between the parties to achieve a mutually acceptable resolution. This can help save the parties’ ongoing business relationship. The mediator will not deliver a decision or ruling on the matter in question. The process is usually completed in a day which helps keep costs down. However, if the mediation is unsuccessful then the parties are entitled to pursue litigation.