The ANM construction panel are almost all construction industry professionals such as architects, CIOB members, lawyers,  or surveyors lawyers and many are dually qualified as arbitrators or adjudicators.

Smaller construction disputes in particular were highlighted as being suitable for mediation as a matter of course by Lord Justice Jackson in part 29 of his report of 1/10.

So easily costs can become disproportionate. Too many mediations achieve a less positive result for both payers and payees simply because mediation takes place too late in the day.  

Using mediation or conciliation at the most appropriate time maximises the potential for a positive outcome. Interestingly conciliation is not often used as a choice because users don’t understand what it is (see glossary).