Kevin elaborates on the role of alternative dispute resolution (ADR) and mediation in flooring disputes.
IN the flooring industry, complaints and disputes are an unfortunate reality. Whether it’s a homeowner dissatisfied with product quality, or a contractor accused of substandard work, conflicts can quickly escalate.
With the new small claims court rules in England and Wales, effective 22 May 2024, mediation has become a cornerstone for resolving disputes involving claims of up to £10,000. This change presents a valuable opportunity for the flooring sector to resolve disputes more efficiently and cost-effectively.
The shift toward alternative dispute resolution
The revised small claims process prioritises efficiency and cost-saving through mandatory alternative dispute resolution (ADR), mediation, for claims under £10,000. Mediation, now an essential step in the small claims track, reduces court burdens and encourages quicker resolutions. Given their technical complexities and high client expectations, flooring disputes are particularly well-suited to ADR processes, including mediation, expert determination, and early neutral evaluation.
Why ADR and mediation works for flooring disputes
ADR, mediation, offers several advantages over court proceedings. It’s cost-effective and time-efficient, often resolving disputes in a matter of hours or a few sessions. This provides a quicker alternative to the lengthy and expensive court process, allowing parties to avoid substantial legal fees, prolonged stress and uncertainty.
Equally important, mediation helps preserve professional relationships. Flooring projects often involve ongoing relationships between contractors, suppliers, and clients. Unlike court proceedings, which can strain or cut these relationships, mediation fosters open dialogue, respect and mutual understanding.
Confidentiality is another key benefit. Mediation sessions are private, safeguarding reputations and encouraging candid discussions. This privacy allows both parties to speak freely, exploring practical solutions without fear of public scrutiny.
Additionally, mediation provides flexibility in outcomes. Unlike court rulings, which are limited in scope, mediation enables tailored solutions, such as partial refunds, repairs or replacement, or future discounts. The process empowers both parties to actively participate in crafting the resolution, leading to greater satisfaction for both.
What to expect during a mediation session
Small claims mediation is designed to be straightforward. Typically conducted by telephone, sessions last about an hour. The mediator begins with an introduction, explaining the process, setting ground rules for respectful communication and outlining the session’s objectives. Each party then provides an opening statement, summarising their perspective on the dispute.
The mediator facilitates dialogue between the parties independently, ensuring both sides are heard. In technical disputes, such as those involving subfloor preparation or moisture issues, the mediator may guide the discussion to focus on these specific points. The goal is to keep the conversation productive, steering it toward understanding rather than argument.
As the session progresses, the focus shifts to exploring solutions. The mediator helps both parties consider practical options, such as financial compensation, remedial work, or third-party assessments. If an agreement is reached, it is formalised into a legally binding settlement. If no agreement is achieved, the mediator summarises the discussion and advises on next steps, which may include further mediation or proceeding to court.
Preparing for mediation
Successful mediation requires thorough preparation. Contractors should supply detailed records, including inspection reports and evidence of installation methods. Complainants should clearly document their concerns, providing supporting evidence such as photos or videos taken during and after installation. Both parties must approach mediation with an open mind, ready to engage in constructive problem-solving and willing to compromise.
Final thoughts
Mediation under the new small claims rules offers an efficient and effective avenue for resolving flooring disputes. By adopting mediation, parties can save time and money while achieving outcomes that traditional court rulings may not provide.
For those in the flooring industry, incorporating mediation into dispute resolution strategies is essential for protecting business interests, maintaining client relationships, and securing satisfactory outcomes.
The CFA (cfa.org.uk) offers a free dispute resolution service for its contractor and distributor members, aimed at resolving complaints early.
This service includes a site inspection and an independent report prepared by a CFA consultant member, which supports negotiation efforts. If mediation or further legal action is required, the report provides valuable documentation.
For more information, visit the CFA website.
www.thefloorexpert.co.uk
Kevin Clinch is director of The Floor Expert Limited, a CFA council member, and a consultant member of the CFA.
