Mediation is a highly varied process that differs from one
mediation to the next and from one mediator to the next. By the
time you get to the mediation, the parties have ended their
pre-mediation negotiations without success. The negotiation is over
but the mediation has just begun.
Mediation is a successful tool for resolving construction
disputes. There are two types of mediators, one type is a
facilitator and the other is an evaluator – an interest-based
mediation and a rights-based mediation. The major difference
between the two is that in an interest-based mediation, the
mediator will not usually deal with the hard facts and what the
ultimate outcome might be. I am of the view that experience and
knowledge of the subject matter of the dispute is absolutely
essential if you want to truly achieve a mediated settlement of a
construction dispute. I tend to rely heavily on a mediation that
deals with the facts which have created the dispute and hone in on
the
