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Mediation in construction

Mediation in construction

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Chandana JayalathUniversity of Vocational Technology

Keywords: Alternative Dispute Resolution, evaluative approach, construction disputes, construction claims

Abstract: In mediation, disputants often tend to walk off at will. This inspired the author to evaluate the degree of fitness as a form of dispute resolution in construction. Fifty cases mediated in the recent past in the State of Qatar were analysed in terms of their approach and the net resultant effect. The tendency will be to fail mediation in construction unless the mediator actively intervenes in changing the dynamic of the conflict by contractual, financial and technical evaluation. The mediator in doing so acts beyond what is truly expected in mediation so that the outcome is arbitral to some extent rather than consensual. The author recommends this is not necessarily the case in the exception of construction and contends that the key elements of mediation such as neutrality and impartiality can still be secured as long as the mediator does not step over the line into judgement.

Author Biography: 

Dr Chandana Jayalath is a senior lecturer, at the University of Vocational Technology, Sri Lanka and he has over 25 years' experience in the field of construction as a claims specialist and mediator. He has published over a hundred monographs online. He is the author of the books Contractual Dimensions in Construction and Arguing Construction Claims. He is a CEDR-accredited mediator.

Publication Date:  22 October 2018

Citation: Jayalath, C. (2018). Mediation in construction: Exploring the degree of fitness. Mediation Theory and Practice3, 34–45.

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