Ken Tracey's blog

I am a quantity surveyor trading as Crofton Consulting and over many years in construction have dealt with the day to day confrontation and disputes endemic in that industry. It is the cost in management time and legal fees that is so wasteful and also the stress endured by the participants.

Alternative dispute resolution, that is alternative to legal action such as arbitration and adjudication, have been around a long time but regrettably have now been transformed into expensive legal battles.

Small firms and individuals can’t afford the luxury of such games so I became interested in finding an alternative and trained successfully as a mediator.

Mediation is an inexpensive and confidential way for two or more parties to settle their disputes. The parties must have the will to settle as the process is voluntary. Once they agree to mediate they contact a mediator who will arrange for them to meet with him at a neutral venue, Using his skill and training he will assist the parties to reach an agreement but does not sit in judgement or enforce a decision. The parties may leave at any time and may not settle at all if they are not happy with the result. However most disputes – at least 80% of those mediated, do settle.

Mediation unlike litigation does not require months of preparation and mountains of documents. It can be arranged quickly and is over in a day or less. The parties know the fee before hand which, along with any costs, rooms for example, are split equally between the parties.

There is less hassle therefore parties often continue their business and work place relationships after, unlike the break down after an appearance in court.

Almost any type of dispute can be resolved by mediation- workplace, boardroom, construction, property, boundaries, family, payment etc.

Ken Tracey MRICS, MCIArb, MCIOB, Accredited Mediator

07929746852 (profile in members section)