- Top ten benefits of PDRS mediation
- 1. Mediation is carried out on a ‘without prejudice’ basis and is conducted in private.
- 2. Following mediation, if no settlement is achieved neither party may use anything from the ADR procedure.
- 3. Mediation is fast, efficient and cost-effective.
- 4. Mediation is voluntary and is conducted subject to mutual agreement.
- 5. A mediation result does not become binding on the parties until they have come to an acceptable enforceable agreement.
- 6. Mediation helps break down entrenched positions.
- 7. Mediation helps resolve disputes before either party embarks on expensive legal action.
- 8. Mediation provides remedies not available through the judicial process.
- 9. Parties are encouraged to mediate by the courts, who see mediation as a valuable process.
- 10. Mediation is appropriate to most instances of dispute and helps protect future commercial relations.
PDRS is effective dispute management
If a dispute arises, it is important to manage it actively
and positively and at the right level in order to encourage
early and effective settlement. Unnecessary delays and
inefficiency can lead to rapid deterioration in relations and
entrenchment of opinions.
ADR through PDRS mediation involves the use of a trusted expert third party and is an effective alternative to litigation. PDRS mediation is provided by experts in contracting and public procurement.
PDRS mediation protects relationships
The Government has made a formal pledge to settle disputes by ADR techniques, to help ensure that its client/contractor relationships are non-adversarial. PDRS is your gateway to achieving this goal.
PDRS helps deliver on the Governments ADR pledge
Government departments and agencies have made the following commitments on the resolution of disputes in which they are involved:
- ADR will be considered and used in all suitable cases wherever the other party accepts it.
- Departments will provide appropriate clauses in their standard procurement contracts on the use of ADR techniques to settle disputes.
- The precise method of settlement is tailored to the details of individual cases.
- Central government will produce procurement guidance on the different options available for ADR in government disputes and how they might be best used in different circumstances. This will spread best practice and ensure consistency across government.
- Departments will improve flexibility in reaching agreement on financial compensation, including using an independent assessment of a possible settlement figure.
PDRS resolves disputes
PDRS in association with IDRS Ltd provides mediation in a
private and structured form through an expert third party. If
settlement is reached it can become a legally binding contract.
Including mediation clauses in contracts allows the settlement
process to begin at an early stage and obviates the frequent
problem of persuading the other party to the dispute to engage
in a mediation process. Model clauses for such contracts are
available from PDRS and indeed the Government's ADR pledge
requires that an appropriate clause be incorporated into all
contracts.
PDRS is confidential
It is of paramount importance that all parties to the dispute have signed the application form (Application for Mediation) and that they and the mediator endorse the Mediation Agreement. This will confirm the confidentiality of all information revealed during the mediation joint session and will explain that the information cannot be used later against someone in court or other proceedings, such as an adjudication (or arbitration) under PDRS procedures or otherwise, or during any reference to or by a Statutory Enforcement Authority. During the mediation, the mediator seeks permission before disclosing any information revealed, in a private session, to any other party.
PDRS is cost-effective
The PDRS mediation fee of £1,750 plus VAT is payable by each party to the dispute.The PDRS fees will not exceed £3500 in total plus VAT, provided the mediation itself lasts no more than 12 hours. If, following the agreement of the parties, the mediation continues for more than 12 hours, then the mediator’s fee will be chargeable for the number of hours by which the length of the mediation exceeds 12, at the rate of £220 plus VAT per hour.