Why choose us
Stephensons is a national, award-winning law firm with a longstanding reputation for resolving complex disputes efficiently and cost-effectively. Our litigators and construction lawyers are experienced negotiators who prepare meticulously, advocate firmly and keep the commercial objective in clear focus. We are recognised in leading legal directories for our dispute resolution capability and client service.
We bring the discipline of heavyweight litigation to the mediation table: robust case analysis, careful risk assessment and a clear settlement strategy. Our wider firm is known for handling high-stakes contentious matters, including regulatory defence and crime, which sharpens our tactical approach to negotiation and evidence. That experience translates into calm, decisive support when the pressure is on.
Clients choose us for our responsiveness, transparency on costs and our commitment to practical solutions. We act for businesses of all sizes, from specialist trades to national contractors and property developers, and we can assemble the right team quickly, including counsel and experts where needed.
How we can help
Early case assessment and strategy: We distil the issues, evaluate strengths and weaknesses, and advise on the best timing for mediation relative to any adjudication, pre-action steps or Technology and Construction Court proceedings.
Preparing for mediation: We draft persuasive position statements, prepare concise document bundles, identify negotiation levers and formulate settlement ranges aligned to your commercial priorities.
Choosing the mediator and format: We help select an appropriate mediator with sector expertise and agree a format that works for you, whether in-person, hybrid or fully online, and whether a time-limited or staged process is preferable.
Representation on the day: We advocate on your behalf, manage offers and concessions, test assumptions, and keep momentum toward a workable deal. Where technical issues arise, we coordinate with delay analysts, quantum experts and building surveyors to ensure the right evidence is available.
Settlement terms and enforcement: If agreement is reached, we draft or review the settlement agreement, including payment schedules, scope of remedial works, release clauses and confidentiality provisions. Where proceedings are on foot, we can convert terms to a Tomlin order to ensure enforceability.
If mediation does not settle, we provide a clear next-steps plan, including adjudication, arbitration or litigation, and an updated costs–benefit analysis so you can decide with confidence.
What is construction mediation?
Mediation is a confidential, without prejudice process in which an independent mediator helps parties negotiate a settlement. The mediator does not decide the case but facilitates discussion, reality-tests positions and helps craft terms each side can accept. In construction disputes, mediation is often the most efficient way to resolve multi-issue disagreements involving programme, payment and quality.
The process is flexible. It can happen before or after adjudication, during pre-action exchanges, or alongside court proceedings. Many construction contracts and the pre-action protocol encourage parties to attempt alternative dispute resolution, and the court can impose cost penalties for unreasonable refusal to mediate.
Typical disputes we mediate
We act across the full spectrum of construction and engineering disputes, including: valuations and final accounts; variations and change control; delay, disruption and loss of productivity; extensions of time and liquidated damages; defects and snagging; design responsibility and professional negligence; retention and payment disputes; termination and repudiatory breach; collateral warranties and performance bonds.
Mediation versus adjudication, arbitration and court
Adjudication provides a quick, temporarily binding decision but can be binary and adversarial. Mediation allows creative, commercial solutions, such as revised programmes, partial payments, remedial works and future collaboration terms. Arbitration and court deliver final, binding outcomes but are typically slower and more costly. Many clients effectively use mediation to settle either before adjudication is launched, after an adjudicator’s decision to finalise terms, or at a key stage in litigation.
Preparation that drives results
Successful mediation is won in the preparation. We focus on the key documents that matter: contract and amendments, programme and delay records, payment notices, applications and pay less notices, site instructions, meeting minutes, expert reports and schedules of loss. We work with your project team to identify facts that shift value, then build a clear, credible narrative that moves the needle in negotiation.
Costs and funding options
We offer clear pricing with scoping at the outset. Depending on complexity, we can work on hourly rates with budgets, fixed fees for defined stages, or a hybrid approach. We will discuss whether existing legal expenses insurance may respond and, where appropriate, whether counsel attendance is proportionate. The mediator’s fees are usually shared equally between the parties.
Our experience
Our construction mediation solicitors have acted in mediations ranging from single-issue payment disputes to multi-party claims involving developers, main contractors, subcontractors and design professionals. We are adept at managing the dynamics of complex mediations, ensuring that the right decision-makers are present and that the technical and commercial strands of the dispute are addressed in a structured way.
Frequently asked questions
What happens at a mediation?
After preliminary exchanges and a short opening, parties move to private sessions with the mediator shuttling between rooms. Offers and proposals evolve throughout the day, with the mediator facilitating progress until either a deal is reached or the parties agree to pause.
Is mediation compulsory?
Not strictly, but courts expect parties to consider it seriously. Refusing to mediate without good reason can have costs consequences, even if you later win at trial. Many contracts also encourage or require attempts at alternative dispute resolution before litigation.
How long does it take?
Most mediations last one day, though complex or multi-party cases may need longer or be split into stages. Preparation typically takes two to four weeks, depending on disclosure and expert input.
Will I need experts or counsel?
For technical disputes, input from a delay analyst, quantum expert or building professional can be valuable. Counsel involvement can also help in high-value or complex cases. We will advise on what is proportionate for your matter.
Is the outcome binding?
If a settlement is reached, it is recorded in a binding agreement. If proceedings are on foot, terms can be embodied in a Tomlin order. If no settlement is reached, the mediation remains confidential and cannot be referred to in court.
What does it cost?
Costs include your legal team’s preparation and attendance, the mediator’s fee and any venue or platform charges. We will provide a clear estimate before you commit and discuss the likely cost-benefit compared to adjudication or litigation.
Can we mediate online?
Yes. Remote or hybrid mediation is common and can reduce cost and disruption while still allowing effective negotiation and private conferences with your team.
How does mediation interact with adjudication?
Mediation can be used before adjudication to avoid a contested process, or after an adjudicator’s decision to convert a temporary award into a final settlement, address issues not determined and agree payment terms.
What to bring to your mediation
To make the day productive, we will help you assemble the key documents: contract and amendments, programme updates, applications and notices, correspondence, site records and any expert reports. We also recommend identifying your settlement authority and internal escalation process in advance so that decisions can be made promptly on the day.
Timeframes and next steps
From instruction, we can usually shortlist mediators within a few days and schedule a mediation within two to six weeks, subject to availability and the scale of preparation required. If you have received a pre-action letter or adjudication notice, contact us immediately so we can protect your position and plan a mediation window that aligns with key deadlines.
Contact our construction mediation solicitors
For immediate advice or to arrange a mediation, call Stephensons on 0161 696 6170. Alternatively, fill in our enquiry form for callback and one of our construction mediation solicitors will be in touch to discuss your options.
We work with clients nationwide and can meet in person or remotely to suit your project team and programme.
