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Construction Mediation [150784]

£44.50

This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers. Features One of the first books to address mediation for construction disputes. Mediation of growing importance for setting commercial disputes. The author, a construction professional, has extensive experience in conducting mediations and training. Contents: Chapter 1 The Construction industry is great at creating disputes Contractual The no contract scenario The 'is there/is there not' a contract scenario Incompatible contracts All-risk contracts Unrealistic performance criteria Financial A low-margin industry Claim cultures The squeeze game Culture Adversarial Fragmented High failure rate Complexity Incurable optimism External factors Weather-sensitive Consultants Government legislation Why people get into disputes Communication Personality Interpretation Chapter 1 in a nutshell Chapter 2 The Dispute Resolution options Consensual methods of resolving disputes Negotiation Conciliation Mediation Arb/Med and Adj/Med Court Settlement Procedure Resolving disputes through recommendation Neutral fact-finding Dispute Review Boards Early Neutral Evaluation Mediator recommendation Conciliation Imposed solutions to disputes Med/Arb and Med/Adj Adjudication Ombudsman Expert Determination Tribunals Arbitration Litigation Why traditional methods fail the parties Inherent injustice Cost and Time Adjudication is not the 'Saviour' The better options for Dispute Resolution Consensual Processes Partnering Dispute Avoidance Chapter 2 in a nutshell Chapter 3 The case for the Mediation of Construction Disputes Better deals Speed and economy Flexibility in process and outcome Finality of outcome Mediator 'added value' Getting off the treadmill Ongoing relationships Day in Court Commercial v Legal It adds another layer of cost It is too 'touchy-feely' Mediation is non-binding and has no teeth Mediation is all about compromise Mediation is all talk, no commitment Chapter 3 in a nutshell Chapter 4 Preparing for Mediation Typical framework Stages of mediation Preparation by the Mediator Preparation by the Parties When to mediate How long should the mediation take? Who to choose as Mediator Mediator fees Co-Mediation Assistant Mediators Conflicts of interest Documents Where to mediate Who attends? Authority Who presents? Dry run? Pre-mediation meeting Pre-mediation contact The Mediation Agreement Risk analysis Anticipate the settlement Chapter 4 in a nutshell Chapter 5 Presenting at the Mediation Arrival Pre-Meeting Initial joint meeting Using the joint meeting Exploring stage Giving and receiving information Idle time Other's shoes Non-financials Chapter 5 in a nutshell Chapter 6 Negotiating at the Mediation Negotiation zones Reviewing Bottom lines Negotiation strategy Incompatible styles First offers Offer logic Getting into deadlock Pain-pain Keeping options open Non-financials And finally Chapter 6 in a nutshell Chapter 7 Concluding the Mediation Finality Deals with dignity Part-deals No deal Writing the settlement agreement What can go wrong? Cooling off period Mediator recommendation Mediator liability Chapter 7 in a nutshell Chapter 8 Roles in Mediation (who does what?) Client Legal advisor Counsel Experts Consultants Support staff Mediator Assistant Co-Mediator Chapter 8 in a nutshell Chapter 9 Avoiding disputes in the Construction Industry The positive side of conflict Creating a culture that is positive Twelve rules and challenges 1. Establish clear, simple and constant lines of communication 2. Establish clear roles, responsibilities, accountabilities and systems 3. Practice (and therefore model) openness/transparency 4. Build trust from the start; co-operate rather than confront 5. acknowledge problems, don't bury them 6. Treat mistakes as learning points, not blame-makers 7. Get the 'headline' agreed 8. Listen, an show that you have heard 9. Establish what parties need, rather than what they claim 10. Involve a neutral early when disagreements are unresolved 11. Re-evaluate agreements and headlines in the light of resolution 12. Re-commit to the relationship/contract Partnering Chapter 9 in a nutshell Chapter 10 The Mediation Landscape Deal Mediation What is it? What does the Deal Mediator do? Difference between a Deal Mediator and Dispute Mediator Project Mediation Dispute Mediation Facilitation Preparing for the Facilitation Agenda Structure of the day Open space Role of Mediator as Facilitator Consensus-building Bespoke Mediation processes Construction Conciliation Group RICS Neighbour Dispute Service Tiered Resolution Chapter 10 in a nutshell Chapter 11 Conclusion - how to win at Mediation Prepare well Chose the right Mediator Get the best out of the opening joint session Co-operate Have a drink! And remember Appendix Summary of relevant law Risk Analysis checklist Decision tree Pre-mediation checklist Typical Mediation Agreement Typical Settlement Agreement Mediation Providers.

Author:	Richbell, David
Date Published:	March 2008
Document Type:	Books
Format:	Paperback
ISBN:	1405169311
ISBN13:	9781405169318
Pages:	192
Publisher:	John Wiley and Sons Ltd

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