Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mediation definition

What does Mediation mean? Mediation is a form of alternative dispute resolution (ADR) in which an independent mediator helps parties negotiate a settlement through a structured, confidential process. The mediator facilitates discussion (often via joint meetings and private caucuses) but has no power to impose an outcome. Participation is usually voluntary, and the process is without prejudice; any settlement is non‑binding until recorded in a written agreement. Across England & Wales, Scotland and Northern Ireland, mediation is not defined in a single statute but is recognised by case law and court practice. Courts encourage ADR, can stay/sist proceedings to allow mediation, and may...

Mediation in Construction Disputes: Suitable and Unsuitable Cases, Outcomes, Advantages, Enforcement and CPR ADR Powers (England and Wales)

Published by a LexisNexis Construction expert

Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. It reviews which types of construction dispute are most amenable to mediation (and those for which it is less likely to be appropriate). It also draws attention to the benefits of mediation in settling construction disputes.

Type of dispute

Mediation can provide an effective forum for a negotiated, compromise outcome in construction disputes where:

the solution is not clearly a straightforward win for either side
there is genuine potential for compromise
both parties can recognise the risk that their arguments may fail in court

Sometimes a dispute may seem to have an evident answer, yet one party will not accept it and gives no reason. Even then, mediation can still assist. In mediation, the party unwilling to agree has the chance to share its difficulties confidentially with the mediator, which often enables the mediator to identify a middle ground that both sides can accept. This might, for example, include a case where an employer or contractor is experiencing financial difficulties but a settlement can...

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Web page updated on 27/05/2026

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