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Understanding Mediation: Two sides to every story

by Murray Armes

The construction industry is often said to be confrontational and litigious. It is certainly a fertile breeding ground for disputes and these can arise from uncertainties in the inception, design, procurement and construction of projects.

The cost of resolving such disputes could arguably be put to better use in the projects themselves, or improving margins which, of itself; might help reduce disputes.

Unfortunately, the nature of construction means that the industry will probably never be entirely dispute free thus the next best thing is to try to minimise their impact. One way to do so is to adopt methods of dispute avoidance. Despite its increasing popularity, and the favourable testimonials from those that have used such methods, unfortunately they are still not widely used…

Articles

Good Record Keeping or Consensus Ad Idem?
by Andrew Paul
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The Concept of Dispute Avoidance
by Murray Armes
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Counting The Cost
by Murray Armes
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Practical Completion: a contextual art?
by Andrew Paul
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Everybody Has Won and All Must Have Prizes
by Murray Armes
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Putting Your Money Where Your Mouth Is
by Murray Armes
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The Challenge of Culture Change
by Matt Cousins
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By Act or Omission: a contractual obligation
by Andrew Paul
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The Expert Witness in Adjudication
by Murray Armes
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