Construction mediation and adjudication

Blake Morgan's mediators help deal with issues arising in construction contracts before disputes escalate, provide cost effective resolution of construction disputes, as well as training in mediation and conflict resolution, across the UK and abroad. 

Main areas of practice

All our adjudicators and trained mediators are experienced construction lawyers. Our construction team is widely recognised as a market leader and is ranked top in its class by "Chambers" and "Legal 500".  

Our adjudicators and mediators are experienced at dealing with engineering, construction and building disputes, often between several parties, involving:

  • Defective materials
  • Disputes with suppliers, specialist sub-contractors and manufacturers
  • Extension of time, and loss and expense for delay
  • Defective design and professional negligence
  • Town planning and development
  • Contentious contract terms and the conclusion of contracts under negotiation
  • Remediation of contamination and pollution
  • Property damage and nuisance
  • Competing claims of "Employers", contractors and sub-contractors
  • Complex multi-party litigation / arbitration

Mediation is probably the only dispute resolution process where the parties between them control the outcome.  The mediator can't impose a solution and does not decide which of the parties is right or wrong. The mediator's role is to impartially facilitate settlement of the dispute.

Our mediators are experienced at exploring the issues, facilitating negotiations and encouraging the parties in dispute to develop commercially sensible options.

Clients

Typically our mediators are instructed by employers, contractors, sub-contractors, consultants or their insurers looking for cost effective resolution of disputes on commercially sensible terms.

Our mediators are also appointed by local government and central government agencies. Disputes involving private individuals are often between householders and their builders.

What will mediation cost?

Parties embarking on mediation have the certainty of fixed costs.

See our Guide for more detailed costs.

Fee quotes for ADR services, including Dispute Resolution Boards, are available on request. For further information please contact Joanna Henshaw (023 8085 7103) or Nicola Viggers (023 8085 7346).

To request a mediation please complete the Referral Form and return it to a member of our team.

Adjudicator Nominating Body

Blake Morgan is an 'adjudicator nominating body' for the purposes of The Scheme for Construction Contracts and the Housing Grants Construction and Regeneration Act 1996, for disputes arising under construction contracts in England and Wales. Blake Morgan will select an adjudicator when requested to do so by a referring party.

Unlike mediation, adjudication gives parties the certainty that the dispute between them will be decided. The Courts generally will enforce the adjudicator's decision in the short term, even if one or other party wishes to pursue litigation or arbitration.

All parties to construction contracts (as defined by the Act) have a right to refer disputes to adjudication at any time. An adjudicator, acting in accordance with the Act and the contract between the parties, produces a decision within 28 days of the referral of a dispute. 

To appoint an adjudicator please complete the Appointment form and send it with the appointment fee of £12.00 to Tracy Freeman. For further information about appointments and adjudicators' fees and terms, please email Tracy Freeman or call 01865 254263.    

Related expertise

Main contacts

Related Knowledge & Resources

Using mediation to resolve a construction dispute

News

David Evans discusses how mediation will become more popular in the construction industry. This article was published by Lexis Nexis.

BULLETIN: Construction law update - July 2016

News

A brief update on news and developments in construction law.

Rachel Gwilliam will be presenting her prize paper at the Society of Construction Law's joint talk with the Society of Construction Arbitrators.

News

Rachel Gwilliam will be presenting her Hudson Prize, 2nd prize paper on Tuesday 5 July, 2016 at the Society of Construction Law's joint talk with the Society of Construction Arbitrators.

Veterinary practice mediation case study

Successful mediation between a team member and the management at a veterinary practice.

Independent preparatory school mediation case study

Successful mediation between the new Head of Department and a long-serving Teacher within that department at the school.