Disputes occur as a result of breach of contractual agreement in the execution of contracts in the construction industry. The participants in the industry ( Architects, Quantity Surveyor, Engineers, Lawyers, Contractors, etc) play significant roles. My aim is using mediation in the resolution of disputes other than arbitration or litigation.
The original intent of the parties to the contract intended anything? But for the success of the work and the reasonable remuneration ? The difference is that occur naturally. If there is an other channel choice resolution for the disputed issues which give an effect smoother than would otherwise be the official alternative maintain good relations with each other. Always be aware that The parties in the construction industry is not the enemy, but as a co-benefit-risk activities together. When any problem happen. More worthy that we have to get to understand each other for a common resolution. If not, it should not come to join this together in the first place.
This may be achieved by using panel of expert consisting one representative from each parties involved. That may help to reslolve your issue.
Disputes not necessarily occur as a result of contract breach. Contractual breaches, if clear, penalizes the party who is responsible. Mediation is really helpful in resolving issues, it is fast; time and cost saving. However, consent of both parties should exist. Also it should be supported by law. If you have a non binding mediation result, it might be of no use.
Mediation is usually the first step in a laddered dispute resolution process that becomes more formal if the mediator is not able to reach a mutually agreeable solution. See research papers by Dr. Ghada Gad for stats.
Mediation is usually the first step in a laddered dispute resolution process that becomes more formal if the mediator is not able to reach a mutually agreeable solution. See research papers by Dr. Ghada Gad for stats.
mediation is best. but if both the parties are clear with its vision then no need for dispute. In practise many points are hidden, Architect, owner, Quantity surveyor are not clearly mentioned their need, at the same way contractor are thinking about extra claim and quality deterioration. we are not preparing any standard schedule of rates for our project we are assigning the work to lowest most tenderer. I think we have to change the process so the dispute will reduces
You may also look in a special ADR approach called adjudication which is used in building conflicts. This approach works with a non binding Statement...
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