Dispute Resolution -
Commerical Mediation

Mediation is a well-established method of resolving disputes both in the UK and worldwide. It crosses the boundaries of jurisdictions and can provide solutions that would be difficult to achieve with litigation, arbitration or adjudication. It forms one of a range of alternative techniques for dispute resolution which also includes negotiation, conciliation, early expert evaluation, executive hearings and expert determination

In some parts of England it is now common practice for courts to recommend the parties to try mediation before proceeding to litigation. Its use is also increasing in Scotland. Parties can be penalised when costs are allocated if they fail to try mediation.

There are two elements of our involvement with mediation: as expert advisers to one of the parties; and as a mediator.

Expert Advisers

Several of our senior staff have acted as advisers to parties both before and during mediations. The initial approach to a problem is similar to that in litigation, involving forensic investigations to determine the cause of the problems. Thereafter, issues of the strength of the arguments and alternative solutions come to the fore.

The subjects range from building services failures in a luxury dwelling to power station construction disputes. The sums in dispute run into £millions.

Mediators

Cadogan Consultants can also offer a commercial mediation service. Daphne Wassermann, a Technical Director and experienced mechanical engineer, has completed the Academy of Experts training in commercial mediation and is a qualified dispute resolver (QDR). She has carried out about twenty mediations and is on the panel of Catalyst Mediation (see www.catalystmediation.co.uk). She is heavily involved in the court mediation schemes in Edinburgh and Glasgow where cases include landlord/tenant disputes, claims over faulty goods and workmanship and the occasional dead parrot.