Construction mediation is a sensible option for some construction disputes, as it allows for parties to discuss issues and arrive at a solution in a shorter time compared to arbitration. Here are some of the types of mediation methods that can be used by organizations.
Facilitative mediation – This form of mediation, uses a neutral third party who guides the negotiation The facilitator will help parties overcome deadlocks and encourage creative solutions. The main focus of these facilitators is to ensure that parties are aware of their underlying interest and their real issues.
Evaluative mediation – Evaluative mediation will involve a mediator who analyses the facts of the case and provides his/her view on the merits of the case. However, parties may not be willing to agree with the recommendations
Settlement mediation – This form of mediation, focuses on reaching a compromise between parties. The mediator will review priorities, until parties reach a compromise.
Therapeutic/Transformative mediation – This form of mediator will look at the underlying causes of the dispute and look at ways to settle the issue as well as improve the relationship between the parties. The process encourages parties to vent their emotions to learn why certain requests are made. Although this form of mediation is mostly used in family and social disputes, they have also been used for construction disputes to help foster a healthy relationship between parties.
Lyle Charles offers a wide range of mediatiors that will assist construction organizations to overcome their disputes and reach favorable settlements.