oa Civil Engineering = Siviele Ingenieurswese - Mediation by consensus

Volume 5, Issue 2
  • ISSN : 1021-2000



Differences of opinion on engineering contracts are fairly frequent, and procedures for resolving these disputes are no less so. The parties must choose an effective procedure at the outset if the tedium and expense of protracted proceedings are to be avoided. Mediation is generally preferred on the basis of time and cost considerations, and the first prize is obviously an agreed settlement negotiated with the mediator's assistance, encouragement and advice. Where agreement cannot be reached, the mediator is required to express an opinion, which the parties may either accept or reject, but in the event of rejection the dispute will go the far more expensive route to arbitration.

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