The need for a Procedure
The CCG procedure addresses three factors:-
- Certainty on fees.
- Certainty that there will be an enforceable result; and
- Certainty as to how long the process will take.
The CCG Procedure
The procedure is a fixed period, fixed fee procedure which provides for the
parties to attempt to mediate their dispute. If no settlement is achieved
within the fixed period, the Conciliator makes a recommendation which is binding
on the parties until finally determined by litigation or arbitration.
Within the fixed period fixed rate scheme there is scope for the parties to
chose:-
- The duration of the procedure.
- The Conciliator.
- The fees of the Conciliator.
Who will use the Procedure
The procedure has been designed to address disputes involving dwelling owners
and their construction team. However, there is no reason why it cannot be used
in other disputes (not even connected with the construction industry).
Simply click on the document to download a copy of the Procedure.
The Panel of Conciliators
Membership of the Panel is by invitation only. Panel Members have experience
in mediation and adjudication as well as being practitioners in the construction
field.
How it works
The intention is that the system is self administrating. The parties:-
- Agree to use the procedure.
- Agree upon the identity of the Conciliator.
- Agree the Conciliator's fee rate.
- Agree upon the length of conciliation.
All this can be done via CCG's website.
There is a facility to appoint a Conciliator if the parties cannot agree upon
the Conciliator's identity.
|