Why mediation is gaining more attention With the economic uncertainty caused by the pandemic, Brexit and the Russian invasion of Ukraine, construction disputes have intensified. Has this prompted a fresh look at alternative dispute resolution?
Chana, Amrita and Whitehall, Graeme (2023) Why mediation is gaining more attention With the economic uncertainty caused by the pandemic, Brexit and the Russian invasion of Ukraine, construction disputes have intensified. Has this prompted a fresh look at alternative dispute resolution? MODUS RICS Construction Journal. (In Press)
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Abstract
Due to the impact of the Covid-19 pandemic, the average value of construction disputes has risen. In recent years, the traditional dispute resolution methods have come under criticism due to costs, complexity, and delays. Subsequently, this has resulted in calls for collaboration and mandatory mediation. Research on the use and perceptions of alternative dispute resolution and mediation is available (Agapiou & Clark 2012) but mainly from a pre-pandemic time. Therefore, a research gap is identified to establish whether perceptions of mediation have changed due to the negative impact of the pandemic and whether mandatory mediation would reduce the cost of disputes and provide for more collaboration. The research reviews the increase in UK construction disputes since the pandemic and analyses the perceptions of mediation and its implementation as a mandatory process. It also discusses whether current dispute resolution processes are sufficient and whether reform should be considered. A mixed-method approach was adopted to the data collection, including a review of the academic literature, questionnaire, and interviews. The findings inferred that the Covid-19 pandemic had drawn attention to the deficiencies of traditional dispute resolution. However, implementation of mandatory mediation either through the forms of contract or legislation would not be straightforward. Caution would need to be taken to ensure it does not become a ‘tick box’ exercise, resulting in a potential added expense. It prompts questions as to whether the focus should be on the further promotion of conflict avoidance and collaborative working to evoke cultural change to result in a less adversarial industry.
| Item Type: | Article |
|---|---|
| Sustainable Development Goals: | |
| Additional Information: | Any further re-publication requires the prior notification of RICS Construction Journal. |
| Keywords: | Mediation, Dispute Resolution, Conflict Avoidance |
| Divisions: | School of the Built Environment > Research > Sustainable Built Environment & Property Research Centre |
| Depositing User: | Graeme Whitehall |
| Date Deposited: | 21 Sep 2023 09:28 |
| Last Modified: | 22 Sep 2023 21:43 |
| URI: | https://ucem.repository.guildhe.ac.uk/id/eprint/97 |
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