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ARTICLE · 26 JUNE 2007

Mediation In Construction Disputes - An Interim Report

Fenwick Elliott LLP
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The use, and in particular the effectiveness, of mediation in construction disputes is usually based upon anecdotal evidence. In order to address this problem, an evidenced-based survey commenced on 1 June 2006. This funded project is being conducted by King’s College, London. The research is being conducted not only with the support of the Technology and Construction Court ("TCC"), but also with their assistance.

United KingdomReal Estate and Construction
Nicholas Gould
Nicholas Gould
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The use, and in particular the effectiveness, of mediation in construction disputes is usually based upon anecdotal evidence. In order to address this problem, an evidenced-based survey commenced on 1 June 2006. This funded project is being conducted by King’s College, London.1 The research is being conducted not only with the support of the Technology and Construction Court ("TCC"), but also with their assistance. The aim of the research is to:

  1. Reveal in what circumstances mediation is a real alternative to litigation, in other words a value-added alternative that settles the dispute;

  2. Assist the court to determine whether, and at what stage, it should encourage mediation in future cases; and

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