Project mediation

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Project mediation
  • What is project mediation?
  • When is project mediation appropriate?
  • What are the benefits of project mediation?
  • The CEDR Model Project Mediation Protocol and Agreement

Project mediation

This Practice Note examines project mediation, looking at what it is, its benefits and when adoption of it is appropriate. The Practice Note also looks at the CEDR Model Project Mediation Protocol and Agreement.

What is project mediation?

It is quite probable that a dispute of some sort, or at least the threat of a dispute, will arise during a construction project. Project mediation (also known as contracted mediation) is a means of managing such disputes, or the threat/risk of them, by identifying and addressing problems before they turn into disputes (particularly in relation to payment and delay).

Conventional mediation might be considered by the parties involved in a construction project as an alternative to adjudication, arbitration or litigation, all of which can be expensive and/or time-consuming. Mediation is usually only considered once a problem or issue has already grown into a dispute, ie when the situation between the parties is already causing both time and money to be wasted and the project to be jeopardised. Often, by the time the parties contemplate mediation, there is bad feeling between the parties, they are entrenched in their opposing views of the issue and communications between them have deteriorated or broken down completely. In such circumstances, mediation has limited prospects of being of any real benefit or of really succeeding in resolving the dispute.

Project mediation differs from traditional

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