Alternative dispute resolution – construction mediations

Mediation for construction disputes

Chris Lenz has now carried out his research about whether evaluative mediation is the preferred model in the Australian construction industry. His conclusion, based on a theoretical “fact scenario”, is that evaluative mediation is not the preferred model for construction disputes. He is seeking to have it published in a peer review journal in the near future before loading it on to this website.

Evaluative mediation is where the mediator advises the parties privately about the strengths and weakness of their respective cases, so that they have an appreciation of what is likely to occur, if the dispute was to be decided by a Court or arbitrator.

Facilitative mediation, which is the standard technique required by the National Mediation Accreditation Standards, is where a mediator with strong interpersonal skills of negotiation and persuasion helps the parties resolve the disputes themselves, by getting them to focus on their respective interests, rather than their legal positions.

Chris is an experienced mediator, who is now nationally accredited.

He is also an experienced adjudicator, which requires evaluative skills to decide on the merits of a construction dispute. On 29 November 2014 he attended the IAMA Master class for arbitrators in Melbourne, to upgrade his arbitration skills. This means that he is familiar with being evaluative in construction disputes, and being a qualified civil engineer, he has an additional advantage in having a good understanding of the facts in dispute.

Accordingly, he can provide evaluative mediation services, if the parties require it and consent to him doing so, as well as the standard facilitative mediation to resolve disputes.

Contact us on (07) 3220 0299 for further assistance.

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