Mediation of Construction Disputes [Paperback]

This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.Acknowledgements.

Forward.

Introduction.

Chapter 1 The Construction industry is great at creating disputes.

Contractual.

The no contract scenario.

The ‘is there/is there not’ a contract scenario.

Incompatible contracts.

All-risk contracts.

Unrealistic performance criteria.

Financial.

A low-margin industry.

Claim cultures.

The squeeze game.

Culture.

Adversarial.

Fragmented.

High failure rate.

Complexity.

Incurable optimism.

External factors.

Weather-sensitive.

Consultants.

Government legislation.

Why people get into disputes.

Communication.

Personality.

Interpretation.

Chapter 1 in a nutshell.

Chapter 2 The Dispute Resolution options.

Consensual methods of resolving disputes.

Negotiation.

Conciliation.

Mediation.

Arb/Med and Adj/Med.

Court Settlement Procedure.

Resolving disputes through recommendation.

Neutral fact-l&