Construction mediation, run by TCC-experienced barristers.
Independent mediators for JCT and NEC contract disputes, defects, delay, extensions of time, loss and expense, and post-adjudication settlement across the UK.
Construction disputes are among the most expensive to litigate. Expert evidence on delay, quantum and defects; multi-party involvement of employer, contractor, subcontractors and consultants; and a lengthy Technology and Construction Court trial window mean costs regularly outstrip the sums in dispute. Mediation is, in almost every case, the commercially sensible route.
Clerk&Counsel arranges accredited construction mediators for employers, main contractors, subcontractors, consultants and their solicitors across England and Wales. Every mediator on our panel is a practising construction barrister with trial and adjudication experience of the same JCT and NEC forms.
Construction mediation is fully compatible with the statutory adjudication regime under the Housing Grants, Construction and Regeneration Act 1996. Many parties adjudicate to obtain a fast, temporarily binding decision on cash flow, then mediate to reach a final settlement of the underlying dispute. The Court of Appeal's decision in Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 has also strengthened the courts' hand in compelling parties into ADR before TCC trial.
Construction disputes we cover.
- JCT and NEC contract disputes — interpretation, variations, termination.
- Defects and workmanship claims, including latent defects and Building Safety Act 2022 issues.
- Delay and extension-of-time disputes, with delay expert input.
- Loss and expense and prolongation claims.
- Final account and interim payment disputes, including smash-and-grab adjudication follow-ups.
- Professional negligence against architects, engineers, surveyors and project managers.
- Sub-contractor and consultant chain disputes.
- Post-adjudication settlement of the underlying merits.
How the mediation is prepared.
Around 7–10 days before the mediation, the parties exchange position statements, a core bundle of contract documents, key correspondence and any critical expert reports (delay, quantum, defects). The mediator reads into the papers and holds a short pre-mediation call with each party's team.
On the day the mediator holds a short joint opening — often with the experts present for a hot-tub style discussion on the technical issues — before moving into private caucus. Multi-party matters use additional breakout rooms and shuttle diplomacy between the tiers of the contractual chain.
Binding settlement and enforcement.
The written settlement agreement signed at the end of the mediation is a binding contract. Where TCC proceedings are on foot, it is usually recorded as a Tomlin order. Where an adjudicator's decision has been enforced, the mediation settlement supersedes it, giving both sides certainty and closing off the merits challenge.
Book a construction mediator in weeks.
Send us the contract form (JCT/NEC/bespoke), a two-line summary of the dispute, the amount in issue and party count. Two or three suitable mediators, availability and a fixed fee — within one working day.
Common questions.
What is construction mediation?
Construction mediation is a confidential, without-prejudice negotiation of a construction dispute, facilitated by an independent mediator. It is used for JCT and NEC contract disputes, defects and workmanship claims, delay and extension-of-time arguments, loss and expense claims, final account disputes, and post-adjudication settlement of the underlying merits.
How does mediation fit with adjudication?
Adjudication under the Housing Grants, Construction and Regeneration Act 1996 gives a rapid, temporarily binding decision, but the underlying dispute can still be re-argued in court or arbitration. Mediation is often used after adjudication to reach a final, binding settlement — the adjudicator's decision usefully shapes the reality-testing in caucus.
Is mediation suitable to resolve a construction dispute?
In most cases, yes. Construction disputes are typically fact-heavy, expert-driven and costly to run to trial in the Technology and Construction Court. Mediation lets the parties settle on commercial terms — often including future works, releases, and agreed defects programmes — that no court could order.
How is a construction mediation prepared?
Position statements, a core bundle of contract documents and correspondence, and any key expert evidence (delay, quantum, defects) are exchanged around 7–10 days before. The mediator will read into the papers and hold a short pre-mediation call with each side to understand the commercial drivers and any deal-breakers.
How long does a construction mediation take?
Most single-issue construction disputes are mediated in a full day. Multi-party matters (employer, main contractor, subcontractors, consultants) or high-value defects claims often run to two days.
How much does construction mediation cost?
Mediator fees are quoted as a fixed per-party sum, split equally between the parties unless otherwise agreed. Rates scale with the value, party count and complexity of the dispute — typically from £1,500+VAT per party for a single-day, single-issue matter upwards.