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The mediation of property and valuation disputes
Over the years alternative dispute resolution (ADR) systems have progressed, the pre-action protocols often require parties to consider ADR before using adjudicative procedures. As a result trends and rises in mediation in recent years are unfounded. Notably there has been an increase in the use of mediation in the construction and property sector. The combination of new technologies and COVID-19 has led to an increase in online mediation. This paper investigates research findings that shows the benefits of mediation in construction and property related disputes, namely its cost benefits and maintenance of working relationships and assesses the findings from Centre for Effective Dispute Resolution’s Ninth Mediation Audit. The process of mediation is an important one and choosing the right mediator should not be overlooked.
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Nicholas Gould is a construction, energy and international arbitration lawyer. He is a solicitor-advocate, chartered surveyor, accredited adjudicator and mediator. He sits as arbitrator and on dispute boards. Nicholas acts for contractors, employers and governments in the building, construction, engineering, infrastructure, transport, energy, oil and gas and process engineering sectors. He is frequently selected to advise on high-value complex projects including Hinkley Nuclear Power Plant, T5 Heathrow, Muscat Airport, The Louvre in Abu Dhabi, Expo 2020 in Dubai, CERN’s nuclear research facility, the world’s most leaning building at Capital Gate, Abu Dhabi, and substantial hydro power projects. Nicholas is highlighted as one of the titans of the international construction market according to Global Elite Thought Leader’s Who’s Who. The IBA’s International Who’s Who of Business Lawyers Today listed him as one of the ‘ten most highly regarded individuals internationally for construction law’. Nicholas is a Visiting Professor at King’s College London and Vice President of the ICC’s Arbitration Commission. He is President of the DRBF and past Chairman of the Society of Construction Law.
Roma Patel is a trainee solicitor at Fenwick Elliott who studied at Queen Mary University and completed her Legal Practice Course at BPP University. She has worked on several international arbitrations for contractors and employers in the building, construction and energy sectors.