Mediation is an effective tool for tackling a wide range of property and construction related issues. It involves the facilitative role of a trained third party neutral to assist parties in themselves coming to and managing the settlement of their dispute.
A mediator helps to clarify and prioritise issues, crystallise needs, reality check and assist parties in searching for solutions. They are facilitators who guide and manage the parties through a process of controlled negotiations, as to avoid escalation of conflict.
We've developed a new robust approach to mediation through its ACRE Mediation Service:
- Analytical — our mediators help the parties analyse the circumstances, law, evidence, strengths and weaknesses 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 the parties' positions or opinion unless all parties expressly agree to seek it; nor will they advise on the merits of any settlement. The mediator will chair and manage the mediation appointment and oversee and manage at his or her discretion the negotiation between the parties.
As a neutral third party, our mediator brings a new energy to stalled negotiations, they explore how parties are willing to move from entrenched positions by identifying the real issues between them, their concerns and needs.
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 which you can download at the bottom 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 below.
Mediation is a tool for improving communication, negotiation and consensus building. The mediation process is confidential, voluntary, flexible and unlike a court, there is no imposed decision: the parties themselves 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 have it imposed on you. The process cannot start or continue without the parties' agreement. This means you can control the costs, and leave the process at any time without a decision being bound upon you.
Why choose an RICS mediator?
Ask us to appoint a mediator and you'll save time researching the marketplace. You'll also 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. He or she will be truly neutral, having no connection with either of the parties or any interest in the outcome.
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.
If you are interested in being appointed to the RICS Panel of Mediators, please read the criteria for inclusion document available at the bottom of this page.
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 the 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 parties would like us to appoint the mediator
Parties 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 an when needed. Parties will be required to complete the application form found at the bottom of the page with payment prior to the appointment of a mediator.
A referral service where parties would like RICS to help them source a mediator
Applicants receive the names of three mediators who have the skills required. Parties will need to make the necessary checks on the mediator's availability, conflicts of interest and the fees of the mediator. There is no charge for this service.
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.
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