Mediation can be defined as “a process whereby a dispute between two or more persons or companies is resolved by remitting the dispute to a private hearing before an independent third party (the Mediator) whose role is to assist the parties to reach a mutually satisfactory solution to the matter in dispute”.
Fortis has established a specialist ‘Facilitate and Evaluative Mediation Service’ to resolve construction-related commercial disputes. We also provide comprehensive advice to our clients’ on the pros and cons of mediation before entering the mediation process.
The Facilitate and Evaluative mediation process should be considered as a viable option as a first step in the resolution of construction-related commercial disputes before invoking arbitration or litigation.
The benefits of mediation are:
- Confidential process
- Less time consuming when compared to arbitration or litigation
- Cost-effective method of dispute resolution resulting in reduced legal fees
- The parties in dispute control the process
- Business relationships can be maintained
- The mediation process is non-binding until such time as all parties sign the Mediation Agreement