Lexis Nexis Construction Dispute Mediation: Theory and Practice
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Product description
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 examples and references, explaining challenging conceptual and practical issues that arise in construction dispute mediations. The thesis 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.
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
