Construction dispute is a common phenomenon that most of the projects get to see. If not resolved on time, the conflicts can cause a loss of time and money. Different parties who work together in a construction project often come to a point where they disagree on certain matters. To keep these parties working together, and efficient resolution is mandatory. A disputed situation highlights the role of experts who would solve the issue using mediation, arbitration, or litigation methods. This article will explain how these experts resolve the mediation disputes of a construction project.
Role of mediator in dispute resolution:
Mediation is the kind of dispute resolution where the parties will decide the results. A mediator cannot promise an outcome to the involved parties. When compared with arbitration and litigation, mediation seems effective and affordable. It takes only two to three days, bringing the project back to work. The involved parties consult with an expert, who acts as a mediator for the parties. Following are the roles they play.
1. Conduct an unbiased mediation:
The mediator will guide the involved parties to reach a mutually agreed output. Instead of being a decider, the experts go through the situation and assess each party’s strengths and weaknesses. An unbiased look at the matters can put an early and effective end to the dispute, and that’s what the mediator does. They suggest what a fair outcome could be for both parties, conducting an unbiased assessment of the facts.
2. Avoid conflict of interests:
Since the mediator will work in a high time, there are chances of conflicts of interest during the mediation. The involved parties might not agree to a specific point suggested. The mediator has to shape the suggestions in such a way that it does not invite further clash. Being experienced professionals, they must tackle the situation with great care.
3. Withdraw if can’t remain impartial:
It is obvious that there are stages where the mediator cannot remain neutral. Being impartial from both the act and appearance is a hard nut to crack. A good mediator will withdraw from a mediation where he/she feels that biasness is hard. Instead of making a decision based on favoritism, the mediator will withdraw from the process.
4. Conduct a detailed evaluation of the process:
A mediator thoroughly studies the project and matters at hand. After a detailed insight into all the points, he guides the parties through what could be a happy ending for everyone. Although the mediator does not have the power to decide, he can suggest some fruitful points to the parties.
5. Explains the consequences:
A dispute, if not resolved peacefully, can bring along some serious implications for the parties. The mediator’s role here is to inform everyone about the consequences if the case is taken to court. The expert can give some useful tips and suggestions to wrap the case up to avoid these consequences. At this point, a mediator’s role can be seen as an advocate for both parties.
6. Ensures confidentiality:
Confidentiality stipulates that everything said in the mediation process must not leak out. Since a mediator is a person who would listen to all the parties, he keeps the words confidential and safe. Some words can bring a drastic change in the case; the mediator will keep such terms safe. The parties can trust him with private information. Moreover, the quantum expert cannot be summoned up for any court activity as a witness. He cannot be forced to reveal what came to his knowledge.
Challenges a mediator face during mediation:
While resolving the issue, a mediator comes across several challenges during the process. Often the parties challenge the mediator for being impartial while assessing the matters. Following are some of the common challenges faced by a mediator.
1. Impartiality challenge:
Mediation parties have the right to challenge the mediator for being biased in his opinions and assessment. Once challenged, the mediator should withdraw from the case. If not, the board of governors will decide the final word.
2. Conflict of interests:
The opinions and suggestions of a mediator are often opposing by one or most of the party members. The dispute could arise before or during the mediation. Once realized, the mediator has to disclose it to the parties. Parties can keep the services of the mediator if given in the written. However, if such situations provide the slightest spark to the doubt about integrity, the mediator should decline and withdraw.
Why need to take a professional expert on board?
Construction projects require skills and knowledge to supervise. The owners can’t make a difference if they are short of a legal and professional advisor’s services. Having a professional quantum expert on your side and avoid construction disputes to a great deal. Acquire their valuable services to ensure the timely completion of your next construction project.
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