Mediation is an effective tool for tackling a wide range of property and construction related issues. RICS DRS ACRE™ mediation service involves the facilitative role of a trained, neutral third party who will assist parties to come to and manage the settlement of their dispute.
A mediator helps to clarify and prioritise issues, crystallise needs, reality check and assist parties in search for solutions. They are facilitators who guide and manage the parties through a process of controlled negotiations to avoid escalation of conflict.
We have developed a new, robust approach to mediation know as the ACRE™ Mediation Service. This service is:
- Analytical – our mediators help the parties to analyse the circumstances, law, evidence, strengths and weaknesses of the issue to empower them to make pragmatic commercial settlement decisions.
- Commercial – our mediation encompasses wide commercial as well as narrow legal realities and so can provide a flexible settlement that courts or arbitration cannot.
- Restorative — our mediation focuses on restoring the business relationship between parties and is completely confidential to limit further damage.
- Expert — our mediators have many years’ experience and expertise in the field of the dispute. They help parties reach a settlement, or narrow the issues in dispute, reducing court or arbitration costs.
Our mediators will not offer any evaluation of parties’ positions or opinion unless all parties expressly agree to seek it. Similarly, they will not advise on the merits of any settlement. They will chair and manage the mediation process, and oversee and manage negotiation between the parties.
Using a neutral third party can bring new energy to stalled negotiations, and our mediators will explore how parties are willing to move from entrenched positions by identifying the real issues between them and their concerns and needs.
Advantages of mediation:
Mediation can improve communication, negotiation and build consensus. The mediation process is confidential, voluntary, flexible and unlike a court, there is no imposed decision: you retain ownership of and responsibility for any settlement that is reached.
Our Mediation Appointments Service allows you to control the outcome of the dispute rather than having it imposed. The process cannot start or continue without both parties’ agreement, meaning that you can control costs and leave the process at any time without a decision being bound upon you.
Why choose an RICS mediator?
Asking us to appoint a mediator will mean you save time researching the market place and will feel confident that the appointed mediator will be a trained property and construction professional who will usually be experienced in the subject of the dispute. The appointed mediator will be neutral and will have no connection with either of the parties or any interest in the outcome.
Our register/panel of mediators have undergone an intensive training programme and they satisfy our requirements relating to assessment and CPD. The mediators on our register/panel are continually monitored to ensure they satisfy the requirements of the Civil Mediation Council.
We have a register/panel of mediators who have undergone an intensive training programme and satisfy DRS requirements relating to observership/pupilage and CPD. Mediators on our register/panel are continually monitored to ensure they satisfy the requirements of the Civil Mediation Council.
The use of mediation is growing as a method by which disputes amongst two or more parties can be resolved quickly and at low cost. Mediation allows parties to secure an agreement which is not necessarily dictated by legal matters, but can offer a practical and commercial solution, including maintaining and, in some cases, enhancing the relationships of the parties involved.
The RICS Dispute Resolution Service offers an opportunity to parties to identify the services of a mediator experienced and well trained in both mediation techniques and specialism of planning and environmental matters.
What does our mediation service offer?
An appointment service where you would like us to appoint the mediator: If you ask us to appoint a mediator for you, you will receive the name of one mediator who has confirmed to us that he/she has no conflict of interest with either party and that he/she has the specific expertise to undertake the mediation, and is available as and when needed.
Appointment of the mediator is free of charge with each party paying the above agreed fee to the mediator.
To apply, complete the DRS2M Mediation application form which can be found in the downloads section on this page.
A referral service where you would like RICS to help you source a mediator: You will receive the names of three mediators who have the skills required, but you will need to make the necessary checks on the mediator’s availability, conflicts of interest and fees. We do not charge for this service.
Training and accreditation in mediation
DRS has developed a mediation training and assessment programme to qualify RICS ACRE Accredited Mediators. The programme is split into two non-residential courses with Module 1 providing an introduction to mediation and Dispute Resolution Management, and successful completion of Module 2 offering RICS Accredited ACRE Mediator status.
Module 3 is an optional add on module for those who want to take a more evaluative approach to mediation.
Full details of the course including the next available dates can be found within the Mediation Training Brochure in the download section of this page.
If you are interested in the training, please complete the booking form located within the brochure and return to Mrs Raj Sohal, as detailed on the form.
Candidates who achieve RICS Accredited Mediator status are appointed to the Register of RICS Accredited Mediators, which can also be downloaded from this page.
If you are interested in being appointed to the RICS Panel of Mediators, please read the criteria for inclusion document available on this page.
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