Mediation of Construction Disputes
April 2008, Wiley-Blackwell
Chapter 1 The Construction industry is great at creating disputes.
The no contract scenario.
The ‘is there/is there not’ a contract scenario.
Unrealistic performance criteria.
A low-margin industry.
The squeeze game.
High failure rate.
Why people get into disputes.
Chapter 1 in a nutshell.
Chapter 2 The Dispute Resolution options.
Consensual methods of resolving disputes.
Arb/Med and Adj/Med.
Court Settlement Procedure.
Resolving disputes through recommendation.
Dispute Review Boards.
Early Neutral Evaluation.
Imposed solutions to disputes.
Med/Arb and Med/Adj.
Why traditional methods fail the parties.
Cost and Time.
Adjudication is not the ‘Saviour’.
The better options for Dispute Resolution.
Chapter 2 in a nutshell.
Chapter 3 The case for the Mediation of Construction Disputes.
Speed and economy.
Flexibility in process and outcome.
Finality of outcome.
Mediator ‘added value’.
Getting off the treadmill.
Day in Court.
Commercial v Legal.
It adds another layer of cost.
It is too ‘touchy-feely’.
Mediation is non-binding and has no teeth.
Mediation is all about compromise.
Mediation is all talk, no commitment.
Chapter 3 in a nutshell.
Chapter 4 Preparing for Mediation.
Stages of mediation.
Preparation by the Mediator.
Preparation by the Parties.
When to mediate.
How long should the mediation take?.
Who to choose as Mediator.
Conflicts of interest.
Where to mediate.
The Mediation Agreement.
Anticipate the settlement.
Chapter 4 in a nutshell.
Chapter 5 Presenting at the Mediation.
Initial joint meeting.
Using the joint meeting.
Giving and receiving information.
Chapter 5 in a nutshell.
Chapter 6 Negotiating at the Mediation.
Getting into deadlock.
Keeping options open.
Chapter 6 in a nutshell.
Chapter 7 Concluding the Mediation.
Deals with dignity.
Writing the settlement agreement.
What can go wrong?.
Cooling off period.
Chapter 7 in a nutshell.
Chapter 8 Roles in Mediation (who does what?).
Chapter 8 in a nutshell.
Chapter 9 Avoiding disputes in the Construction Industry.
The positive side of conflict.
Creating a culture that is positive.
Twelve rules and challenges.
1. Establish clear, simple and constant lines of communication.
2. Establish clear roles, responsibilities, accountabilities and systems.
3. Practice (and therefore model) openness/transparency.
4. Build trust from the start; co-operate rather than confront.
5. acknowledge problems, don’t bury them.
6. Treat mistakes as learning points, not blame-makers.
7. Get the ‘headline’ agreed.
8. Listen, an show that you have heard.
9. Establish what parties need, rather than what they claim.
10. Involve a neutral early when disagreements are unresolved.
11. Re-evaluate agreements and headlines in the light of resolution.
12. Re-commit to the relationship/contract.
Chapter 9 in a nutshell.
Chapter 10 The Mediation Landscape.
What is it?.
What does the Deal Mediator do?.
Difference between a Deal Mediator and Dispute Mediator.
Preparing for the Facilitation.
Structure of the day.
Role of Mediator as Facilitator.
Bespoke Mediation processes.
Construction Conciliation Group.
RICS Neighbour Dispute Service.
Chapter 10 in a nutshell.
Chapter 11 Conclusion – how to win at Mediation.
Chose the right Mediator.
Get the best out of the opening joint session.
Have a drink!.
Summary of relevant law.
Risk Analysis checklist.
Typical Mediation Agreement.
Typical Settlement Agreement.
- One of the first books to address mediation for construction
- Mediation of growing importance for setting commercial
- The author, a construction professional, has extensive experience in conducting mediations and training.
"This is a good book for a construction mediator … I certainly found it full of iseful tips and insights … An easy and concise read." –Academy of Experts