Title: An investigation into the mediation of disputes in the South African construction industry : technical paper
Abstract: This paper is based on research carried out in order to investigate whether the practice
of mediation in the South African construction industry is consistent with the generally
accepted principles of the mediation process. Despite debate and differences, as well as the continuous evolution of the mediation
process, the process is underpinned by definite and accepted principles, processes,
practices and objectives. Principles that find resonance throughout the literature are
that mediation is voluntary, non-binding, flexible, informal, confidential and, although the
process involves a third party, it is the parties who remain responsible for the outcome.
The role, functions, skills and techniques employed by the third party, or mediator, are
specific to mediation and require training and practice for success. The main finding of the research was that the practice of mediation in the South
African construction industry is not consistent with the accepted principles of the
mediation process, as the mediator does not generally assist the parties in determining
their own settlement; instead the mediation activities centre mainly on the collection
of information on the dispute by the mediator and the formulation of a solution by the
mediator. The research also revealed that the mediator's knowledge and utilisation of
specific mediation process skills and techniques were limited.
Publication Year: 2005
Publication Date: 2005-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot