This guidance note is intended for surveyors advising clients in relation to a dispute and gives guidance on when mediation should be considered, how it works, the benefits of mediating over litigating, and the consequences if parties do not mediate.
It is aimed at helping surveyors represent their clients at or before mediations (with or without lawyers). It is not aimed at surveyors acting as mediators.
Surveyors often represent their clients in without prejudice negotiations. Mediation is a step on from that where the negotiations are carried out with a third party facilitator present. Mediation is an extremely effective tool, open to parties in a dispute whether proceedings have been issued or not. It can resolve the dispute quickly and cost effectively.