Services · Mediation

Construction and Commercial Mediation

We mediate construction and commercial disputes, including by conciliation, in person or online.

Make an enquiry →How it works

Fig. — Preparation · Joint session · Private sessions · SettlementIllustrative · critical path in orange

How it works

01PreparationPre-mediation calls and position papers, with a pre-mediation conference to set the procedural framework.
02Joint sessionBoth parties and the mediator meet together.
03Private sessionsPrivate caucuses with each party separately, to develop and refine settlement positions.
04SettlementHelp with recording the terms of settlement. An outcome binds the parties only if they sign a settlement agreement.

The steps are illustrative; the contract, the rules and the tribunal govern each matter.

What we do

Pre-mediation calls and position papers
Joint and private sessions
Help with recording the terms of settlement

Why IDRS

Independent

Neutral between the parties, with a conflict check before any appointment is accepted.

Understands the numbers

A quantity surveyor mediator can test quantum privately with each side.

Confidential

Private and without prejudice.

How to engage

Parties can nominate us jointly or name us in their contract. Send the details through the enquiry page.

Skilled Mediation for Construction Disputes

Given the unique and technical nature of construction projects and the complex relationships involved in a project or development, it is essential to appoint a construction mediator with broad construction experience and substantial qualifications. Mediation is a facilitative process in which a neutral third party helps the parties in dispute to negotiate and reach a voluntary settlement.

Mediation for Voluntary Settlement

Mediation gives the parties greater control over outcomes and relationships. Unlike arbitration or litigation, the mediator does not impose a decision; the parties work together, with professional assistance, to find solutions they can both accept.

This approach preserves business relationships and lets the parties return to normal operations quickly.

Construction Mediation Benefits

Construction mediation is a form of dispute resolution growing rapidly in popularity in the industry. It may also arise where a contract’s dispute resolution clause requires it, or where a court mandates mediation before formal proceedings. Mediation generally works best when both parties agree to it voluntarily, although parties should be well prepared however they come to mediation.

01Technical Expertise

With deep construction industry experience, our mediator understands the technical issues that commonly cause disputes. That lets the mediator ask incisive questions, identify common ground on technical matters, and help each party understand the other’s technical position.

02Confidentiality

Mediation is confidential, subject to legal exceptions (for example Evidence Act 1995 (Cth/NSW) s 131(2)). Parties can therefore speak frankly and explore solutions without fear that admissions will be used against them later.

03Cost & Time Efficiency

Mediation typically resolves disputes faster and at lower cost than litigation or arbitration. Its flexible timeline and streamlined process mean disputes can be resolved within weeks rather than months or years.

04Voluntary Settlement

A settlement reached at mediation is genuinely agreed by both parties. That makes compliance and satisfaction with the outcome more likely, since both parties have consented to it.

Site Visits & Flexible Approaches

A construction mediation may benefit from the mediator visiting the site before the session. On occasion the session itself can be held successfully at the site in dispute, allowing a contemporaneous review of the issues, which can help where quantum, progress or quality is at stake.

Joint Sessions & Private Caucuses

Mediation typically involves joint sessions, where both parties meet with the mediator, followed by private caucuses with each party separately. This structure lets the mediator encourage direct dialogue while helping each party develop and refine its settlement position.

Qualified & Experienced Mediator

Our mediator is a Chartered Quantity Surveyor and Chartered Construction Manager. With construction industry experience, the mediator closely understands the wide range of disputes that can arise in construction, giving a better grasp of the important issues in both joint and private sessions.

Substantial Qualifications

The mediator’s qualifications span financial, construction management, legal and dispute resolution expertise, including a Master of Laws in International Commercial Law and the Diploma in International Commercial Arbitration.

Global Service Availability

Construction mediation is available internationally. We can help arrange suitable facilities so that the parties to a dispute find a prompt, cost-effective and satisfactory resolution, and can return quickly to their core businesses and commercial outcomes with the dispute resolved.

Conciliation

Independent conciliation that combines facilitative and evaluative approaches to help parties reach a practical resolution of construction and commercial disputes.

What is Conciliation?

Conciliation is a dispute resolution process in which an independent conciliator helps the parties reach a mutually acceptable resolution. Unlike mediation, where the neutral typically takes a facilitative approach, the conciliator may take a more evaluative role, giving views on the merits of each party’s position and proposing terms of settlement. That makes conciliation particularly suited to construction disputes whose technical or legal complexity benefits from an informed, expert assessment.

Expert Assessment & Negotiated Settlement

Conciliation offers the flexibility of a negotiated settlement together with the benefit of an independent expert assessment. Because the conciliator can express views on the merits, the parties can better weigh the strengths and weaknesses of their positions.

Key Features of Conciliation

Conciliation offers a structured approach that combines the flexibility of negotiation with the expertise of an informed, independent evaluator. The conciliator guides the parties towards practical solutions while giving an informed assessment of their respective positions.

01Evaluative Approach

The conciliator may give an informed assessment of the parties’ positions, helping them understand the merits and likely outcomes.

02Facilitated Negotiation

As well as giving evaluative input, the conciliator facilitates negotiation and helps the parties identify practical solutions.

03Construction Expertise

Conciliators with substantial experience in construction and infrastructure bring technical understanding to the analysis of the issues in dispute.

04Confidential Process

All conciliation proceedings are conducted in confidence and without prejudice to the parties’ positions in any later proceedings.

Conciliation in Practice

Conciliation can be conducted under various frameworks and offers flexibility to suit different dispute contexts. Whether under statutory provisions or by agreement, it provides a practical route to resolution that draws on both facilitative and evaluative expertise.

Distinction from Mediation

Mediation and conciliation share similarities, but conciliation gives the neutral a more active role in assessing the merits and proposing settlement terms, which can be particularly helpful where the parties need independent guidance.

Statutory Conciliation

Conciliation may be conducted under various statutory frameworks across Australian jurisdictions and internationally, or by agreement of the parties under institutional or ad hoc procedures.

Preserving Relationships

Conciliation is well suited to disputes between parties who wish to preserve their commercial relationship, allowing resolution through collaboration rather than adversarial determination.

Construction Mediator

A mediator with specialist construction industry expertise, mediating building, engineering and infrastructure disputes.

Informed, Independent Mediation

We provide mediation for construction and infrastructure disputes. Our mediator brings to each engagement the technical understanding needed to make settlement discussions between parties to building and engineering disputes meaningful.

Construction disputes frequently involve complex technical and commercial issues: programme analysis, variations, defective work, cost overruns and contractual rights. A mediator with direct industry experience is better placed to identify the core issues, test the parties’ positions and facilitate outcomes that reflect the underlying merits of the dispute.

We accept appointment as mediator by agreement of the parties, by nomination from appointing bodies, and by direction of courts and tribunals. Our mediation services are available across Australia and internationally.

Disputes Suited to Mediation

We mediate the full range of construction and infrastructure disputes, including those involving multiple parties and complex technical issues.

01Payment & Variations

Disputes arising from progress payment claims, variations, provisional sums, and the valuation of work under the contract.

02Delay & Prolongation

Claims for extensions of time, prolongation costs, delay damages and liquidated damages, including disputes involving concurrent delay.

03Defects & Rectification

Disputes about alleged defective work, the scope and cost of rectification, and the appropriate measure of damages for defective construction.

04Contract Administration & Termination

Disputes arising from the administration of construction contracts, including claims for wrongful termination, repudiation and breach of contract.

05Multi-Party & Subcontractor Disputes

Complex disputes involving multiple parties across the contractual chain, including head contractors, subcontractors, consultants and principals.

Our Mediation Practice

Our approach to mediation is facilitative, with an emphasis on helping the parties identify the real issues in dispute and evaluate the strengths and risks of their respective positions. In construction mediations, we draw on our technical understanding of the subject matter so that discussions rest on a realistic assessment of the issues.

We conduct mediations in person and remotely, and are experienced in managing multi-day mediations with complex documentation and multiple parties. Pre-mediation conferences are offered to establish the procedural framework and to identify whether any preliminary technical issues should be addressed before the mediation session.

Dispute Resolution Services

Commercial Arbitration

Arbitration of construction and infrastructure disputes, delivering final and binding awards.

Expert Determination

Independent expert determination for construction disputes that need specialist technical assessment.

Security of Payment

Adjudication applications and responses under security of payment legislation.

Mediator

Mediation of commercial, construction and infrastructure disputes: facilitative mediation informed by technical industry expertise.

Informed, Independent Mediation

We provide mediation for commercial, construction and infrastructure disputes. Our mediator brings to each engagement a technical understanding of the subject matter that makes settlement discussions more meaningful and productive. Mediation is a confidential, non-binding process. An outcome binds the parties only if they sign a settlement agreement.

Mediation is most effective when the mediator can engage with the substance of the dispute: testing the parties’ positions, identifying areas of common ground, and helping the parties evaluate the strengths and risks of their cases. A mediator with direct industry experience is better placed to do this effectively.

Disputes Suited to Mediation

We mediate a broad range of commercial and technical disputes, including those involving multiple parties and complex documentation.

01Commercial & Contractual Disputes

Disputes arising from commercial contracts, supply agreements, joint ventures and partnership arrangements, where facilitated negotiation may avoid the cost and delay of formal proceedings.

02Construction & Engineering

Building, civil engineering and infrastructure disputes, including payment claims, variations, delay, defects and contract administration.

03Infrastructure & Resources

Disputes arising from major infrastructure projects, mining and resources contracts, and energy and industrial developments.

04Multi-Party Disputes

Complex disputes involving multiple parties across the contractual chain, where a coordinated mediation can achieve a comprehensive settlement.

Dispute Resolution Services

Arbitrator

Arbitration of commercial, construction and infrastructure disputes, delivering final and binding awards.

Expert Determiner

Independent expert determination for commercial and technical disputes.

Quantum Expert Witness

Independent quantum expert evidence for construction and infrastructure disputes across multiple jurisdictions.

Discuss a matter

Talk to us about how our expertise can support your case or project.

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