The Construction industry is well versed in alternative dispute resolution. The current pre-action protocol is designed to reduce costs, and actively encourages early mediation. It does this by widening its scope to state that the meeting between parties after exchange of protocol information could now take place in the form of mediation.
The protocol also now allows the parties to agree between themselves (in writing) to exit the protocol if, for example, they have already shared extensive information such as would occur during an early mediation.
Mediation presents the opportunity to resolve construction disputes quickly and inexpensively. The confidentiality surrounding mediation also offers firms the opportunity to keep the details of a dispute out of the public domain.