What is Evaluative Mediation?
Mediation is a voluntary process that is non-binding and creates an environment that encourages parties to fully consider their needs, key issues and options for reaching resolution. The mediator’s role is to facilitate and assist in evaluation, remaining completely neutral and not making any judgement or decision. It is the parties who work towards and decide upon an agreement which, once reached, then becomes binding. The use of a mediator experienced in the area of dispute will allow a degree of ‘reality testing’ of parties’ positions to challenge their positions and, where relevant, give an opinion on the likely interpretation of a more formal proceeding, such as adjudication or arbitration. Mediation offers a confidential process which can be important to parties on a number of levels. Scotland is a small market for construction with contractors, consultants and clients working together regularly and with individuals moving between companies. Mediation is confidential in that parties are not permitted to disclose anything to the outside world, outwith the mediation. It makes far more sense to work together and build positive relationships at a personal and organisational level. Mediation is more suited to this approach than the more adversarial dispute options, such as adjudication and arbitration.
Murray Murray Warner heads up our mediation department and has been involved in construction for over 20 years. Murray is an RICS accredited evaluative mediator. Having worked extensively as a construction project manager, Murray has had the benefit of observing and being involved in construction disputes of all types and, coupled with his background in construction law, provides a sound basis for assisting parties with evaluative mediation. Hardies is passionate about resolving disputes quickly and effectively and maintaining or repairing relationships to improve any ongoing or future interactions between the parties. Murray is supported across the business by construction professionals who can assist with expert advice in relation to Project Management, Quantity Surveying and Building Surveying.
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Hardies have considerable experience in understanding and advising on construction and property disputes; preparing expert reports and acting as an expert witness in legal proceedings. We have a number of experienced senior surveyors, with skills and expertise covering a range of disciplines, including Building Surveying, Quantity Surveying, Dilapidations, Contract Administration, Building Pathology, and Boundary Disputes. We understand that there are specific obligations on an expert witness and Hardies have the range of skills, experience, and expertise to enable us to provide an expert opinion within these areas of expertise.
Murray Warner BA MSc LLM MRICS MAPM MCIArb
Managing Partner & Head of Dispute Resolution