Mediation
We provide specialist mediation for construction and engineering disputes, offering a pragmatic and early route to resolution, that can protect programmes and relationships, and avoid escalation to formal proceedings.
Mediation for Civil and Commercial disputes in Construction
Mediation is a structured, confidential and without prejudice process that enables parties to reach their own agreement without the time, cost and uncertainty of litigation or arbitration. It is well suited to construction and engineering matters where programme pressures, technical complexity and commercial risk require pragmatic resolution. Courts in England and Wales now actively encourage the use of mediation or other Alternative Dispute Resolution (ADR) before resorting to litigation, and many engineering contracts oblige parties to attempt ADR first.
Chelvi Nava leads our service. A Civil and Commercial Mediator internationally accredited through the London School of Mediation, she is also a Chartered Structural Engineer and Fellow of the Institution of Structural Engineers.
With over 40 years of professional engineering experience, this combination of dispute resolution training and deep technical fluency helps parties move beyond position taking to workable terms that reflect commercial reality and engineering constraints.
Chelvi Nava, Civil and Commercial Mediator
What you can expect
Mediation is voluntary. The mediator is independent and impartial, assisting the parties to explore interests, strengths and weaknesses, test options and negotiate terms that all can accept. Any settlement becomes binding only when recorded in writing and signed. Settlement via mediation is an opportunity to salvage professional relationships. Even if the case does not settle on the day, mediation frequently narrows issues and improves the prospects of resolution shortly afterwards.
A typical day looks like:
Short opening remarks to set the framework and explore whether parties are amenable to joint discussions.
The mediator may hold confidential meetings with each party and will not reveal to the other party or parties what is said without permission.
The mediator works between rooms to probe issues, sense check assumptions and broker offers.
If an offer seems workable to all parties, they are invited back into one room by the mediator to progress agreeing and recording the details of the settlement and finally signing.
This then forms an enforceable contract.
Where we add value
Chelvi’s background includes senior leadership across civil and structural engineering, insurer and client interfaces, and disputes between subcontractors and main contractors, designers and contractors, and individuals.
She practices a facilitative style of mediation that keeps ownership of the outcome with the parties while maintaining forward momentum and a balanced, professional tone. Her engineering experience allows rapid comprehension of design responsibility, standards compliance, causation and quantum arguments that often underpin construction and professional indemnity disputes.
Matters we mediate
We accept instructions for civil and commercial disputes including:
- Defects
- Delay and Disruption
- Variations and Payment
- Professional Liability
- Insurance Coverage Discussions
- Property Related Matters linked to projects
If a dispute is unsuitable for mediation by us, we will say so at the outset and signpost alternative routes where possible.
Preparation and conduct
Effective mediation depends on preparation and good faith engagement. Concise position statements and core documents should be exchanged in advance, and parties should avoid revealing key evidence for the first time on the day. Parties should attend with full authority to settle and come with the intention to engage in the spirit of the mediation agreement and with the intention to settle.
Lawyers are welcome where helpful, particularly to narrow technical issues before the session, and should remember that settlement is the focus of the day.
Confidentiality applies to all documents prepared for mediation and to everything stated during the meeting.
Practicalities
We offer full day mediations, delivered in person (facility for online to follow). The mediator is not liable for anything done in the proper discharge of their functions except in bad faith, and cannot be a witness in later proceedings.
How mediation differs from other routes
Mediation is an assisted negotiation. Unlike adjudication or arbitration, outcomes are not imposed; they become binding only with the parties’ consent. The process is confidential and without prejudice, whereas adjudication and some arbitration outcomes are less so. Mediation costs and wait times are significantly lower than for litigation.
Frequently Asked Questions
Yes. Documents prepared for mediation and statements made during it are confidential and not admissible in later proceedings. Any written documentation or notes in the possession of the mediator after the mediation are destroyed in a secure manner.
No. The mediator facilitates negotiation and does not impose an outcome or function as adjudicator or arbitrator. Any settlement is reached and signed by the parties.
It allows commercially sensible deals to be concluded quickly and privately, accommodates multi-party cost sharing, and provides a forum to explore the real issues of a matter without the cost and adversarial nature of trial; potentially preserving relationships which enables future collaborations. Construction is a small world.
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