Lexis Nexis Construction Dispute Mediation: Theory and Practice
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Product description
“Many books have been written on mediation, but few have been written on the mediation of construction disputes. Construction disputes have a unique complexity – contractual, legal, and factual – and they can have an enormous impact on national economies and the welfare of so many people. The benefits of resolving them efficiently and in a way that supports the business relationship are extraordinary. With this book, Duncan Glaholt shares a wealth of insights into the way the parties’ interactions can be shaped to settle their disputes through mediation.” – Professor Janet Walker, from the Foreword
Construction Dispute Mediation: Theory & Practice systematically covers and introduces the reader to the basic elements of construction dispute mediation. It provides a comprehensive and up-to-date exposition and analysis of the theory and practice of construction dispute mediation, with principles that are applicable internationally as well as nationally.
This text contains many useful real-world examples and references, explaining challenging conceptual and practical issues that arise in construction dispute mediations. The basis of the book is that through the mediator’s creation and curation of repeat, high-value interaction between or among disputing parties, collaborative problem solving takes place.
The book is laid out in three main sections:
- Part 1 covers how construction dispute mediators can make the mediation process easy for disputants
- Part 2 covers project-wide collaboration generated by mediation
- Part 3 covers technological developments that will change construction dispute resolution in the very near future
Features of This Book
- Comprehensive guide – simplifies the concept of construction mediation and provides practitioners with insight into conducting successful construction mediations
- Demystifies mediation – explains the construction mediation process with a practical approach for non-lawyer participants
- Practical guidance – provides helpful techniques such as motivational interviewing and useful precedents, featuring standard confidentiality provisions and sample mediation agreements
- Key legislation – contains excerpts of the relevant provincial legislation such as commercial mediation acts and federal equivalents
- Special Foreword – insight from Janet Walker, professor of Conflict of Laws and International Commercial Arbitration at Osgoode Hall Law School
Who Should Read This Book
- Construction law lawyers looking to optimize mediation outcomes for clients
- Construction law mediators and neutral facilitators who prepare for and lead positive mediations
- In-house counsel for construction companies responsible for resolving construction claims when a dispute arises
- Senior leaders in the construction industry, including executives, managers, advisors, engineers and architects whose advice is sought on mediation
- Law libraries and law students seeking a reliable resource on construction mediation
Table of contents
Foreword by Janet Walker
Introduction
Chapter 1: Construction Dispute Mediation: Event or Process?
Chapter 2: Creating Repeat, High-Value Interactions
Chapter 3: The Broader Picture
PART I—MEDIATING CONSTRUCTION DISPUTES
Chapter 4: The Decision to Mediate and the Decision to Settle
Chapter 5: The Construction Dispute Mediator
Chapter 6: Cross-Disciplinary Lessons
Chapter 7: Institutional Construction Mediation
Chapter 8: The Mediation Agreement
Chapter 9: The Disputants’ Preparation
Chapter 10: The Mediator’s Preparation
Chapter 11: Staging a Mediation Event
Chapter 12: Phase 1 – Establishing “Connection”: The Foundation of Every Mediation
Chapter 13: Phase 2 – Managing “Cathexis”: Investment in the Idea of Settlement
Chapter 14: Phase 3 – Mediating “Catharsis”: The Decision to Settle
Chapter 15: Multi-Party Construction Dispute Mediation
Chapter 16: Mid-Project Mediation
Chapter 17: The Parties Are Settled: Now What?
Chapter 18: Construction Dispute Mediation Wild Cards
Chapter 19: Variations on the Construction Dispute Mediation Theme
Chapter 20: Ethical Construction Dispute Mediation
PART II—MEDIATING COLLABORATION: THE PATHWAY FROM CONFLICT TO COOPERATION
Chapter 21: The Collaborative Promise of Construction Mediation
Chapter 22: Dispute Review Boards and Combined Dispute Boards
PART III—THE FUTURE OF CONSTRUCTION DISPUTE MEDIATION
Chapter 23: Developments in Artificial Intelligence Will Soon Change Our Approach to Construction Dispute Mediation
Chapter 24: Fact Finding in Construction Disputes Will Become More About Degrees of Belief Than Absolutes
Appendix A: Mediation Agreement
Appendix B: Mediation Agreement
Appendix C: Agreement to Mediate
Index
