July 2018
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61 Reads
Proceedings of International Structural Engineering and Construction
Dispute occurrence on construction projects is almost inevitable. If not addressed adequately, disputes can cause contract termination and loss of benefits for all parties involved. Among various dispute resolution methods, mediation is gaining popularity in the construction industry as it satisfies the desired degree of control of both parties among other factors (e.g., time, cost). Mediation is a cooperative problem-solving method that benefits from the expertise of a neutral third party known as the mediator. Well-defined tactics such as creating trust atmosphere, tackling the core of dispute, and using advanced integrative approach for solution determination are essential to reduce the gap between disputants and ensure effective discussions. The aim of this paper is two-fold. First, it investigates common mediator tactics and relates them to the likelihood of having a successful mediation. The San-Ramos Channel case study is used to illustrate the efficiency of mediator tactics. Second, this paper takes a closer look into the use of mediation in Lebanon as an example of a country with minimal regulations on mediation. Barriers for an effective implementation of mediation such as the role and the influence of the engineer on the construction process and the mediator’s lack of technical expertise are discussed and recommendations are derived.