What is the value of mediation as a method for resolving construction disputes? The construction field is made up of many different business spheres. It involves layers of engineers, architects, general contractors, workers, suppliers and experts of all kinds. All these people must work together to complete a common construction project. Personalities are often strong in this field and responsibilities are shared and intertwined on more than one scale. These factors of intertwining responsibilities favour the creation of disputes between the different actors in this field and at each stage of the realisation of the project. However, the judicial delays necessary to treat disputes in the field of construction can be counted in years. This not a particular quirk of Canada, but rather an international plague. These delays paralyse a project when it is at the stage of realisation and can increase in time when the litigation appears after the project is completed. In such cases, the damages and costs incurred can be aggravated and the interests of the various parties to the dispute can be significantly affected. Because of its immediate access and its open communication methods, mediation is an ideal solution that should be taken more into consideration in the construction field. It will be quick and efficient when the parties invited to the negotiation table have a real will to reach an amicable solution. Mediation is a strictly confidential process, which makes it a means of settlement without putting pressure on the various parties in a construction dispute. Indeed, the word of the parties is thus liberated since nothing in their statement can be used The Benefits of Mediation in Construction Disputes 52 LAWYER MONTHLY MAY 2023 More than in most industries, projects in the construction sector are prone to disputes that may arise at any stage of the process, owing in part to the many parties and heavy investment involved. Litigation is often the result, but methods of alternative dispute resolution – particularly mediation – can often yield more positive results. Experienced lawyer and mediator Zineb Kouoidri explains the unique benefits that mediation has to offer the construction sector in this feature. Expert Insight
RkJQdWJsaXNoZXIy Mjk3Mzkz