About the Mediation Process
The Building Control Alliance offers a Mediation scheme to help resolve potential differences between Local Authorities and Approved Inspectors. The scheme has no legal stature and aims to extend the common sense approach to resolving matters which the Building Control profession is renowned for, using a peer review system to determine appropriate and fair solutions in a reasonable timeframe.
The scheme has now been revised and streamlined to ensure both approved inspectors and local authorities receive a more rapid response to referred cases by the addition of an informal peer process. All cases will now be administered by a Mediation Coordinator to ensure every case is dealt with in a consistent manner.
What Mediation Can Address
The BCA mediation process offers an alternative to more formal determination or legal measures. The mediation process can consider any case not already determined or set before the courts where a dispute arises in relation to the submission, receipt and validation of notices served in relation to works covered by Approved Inspectors and Local Authorities and will consider legislation, guidance and the BCA Initial Notice protocol in determining best practice.
What Mediation Can’t Address
The BCA Mediation process cannot address issues relating to meeting the functional and performance standards of technical regulations, or the appropriate level of fees for a project. The BCA Mediation process will not generally consider matters outside the scope of the Initial Notice Protocol of Final Certificate Protocol. The BCA cannot make any award in relation to costs or compensation.
Initial Notice Protocol
A recognised industry guide on the relationship between private and public sector when initial notices are submitted.
The Mediation Scheme is used to resolve matters relating to submissions of initial notices.
Final Certificate Protocol
A recognised industry guide on the submission of final certificates and resolution of minor infringements.
Mediation Case Studies
Over the past decade, the BCA has mediated in a number of cases, most of which have resulted in an agreed solution.
Often these cases are similar in content and as a result, we have published a summary of cases received over the past 3 years, and included the reports, to enable you to establish if the issue you are raising has previously been addressed.
Policy relating to commencement of work prior to acceptance of initial notice.