MEDIATION

Mediation is a consensual, confidential and relatively informal negotiation process in which parties to a dispute use the services of a skilled and independent mediator to assist them to define the issues in dispute, to develop and explore settlement options, to assess the implications of settlement options and to negotiate a mutually acceptable settlement of that dispute which meets their interests and needs.

The objective of mediation is to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively and confidentially rather than to have a decision imposed upon them by a judge, arbitrator or adjudicator. Mediation enables the parties to negotiate flexible and creative solutions which need not conform to strict legal rights or general community standards.

The Building Disputes Tribunal offers effective and efficient administered mediation services for disputes arising out of building, construction and infrastructure projects, whether residential or commercial.

Mediation is in many ways a remarkable process – mediation is a consensual, confidential and relatively informal process of managed negotiation, but it has a timetable, procedural structure and dynamics that simple negotiation lacks.

Mediation is effective in resolving intractable cases. It has a dynamic that encourages even the most recalcitrant parties to engage in negotiations that often lead to settlement. Mediation works when other attempts to resolve a dispute have not – it allows expectations to be checked and managed and intransigence to be overcome and claims settle.

John Green

Arbitrator, Adjudicator and Mediator

MEDIATION MODEL CLAUSE

The following mediation clause should be included in contracts where the parties wish to have any future disputes resolved by Mediation under the Building Disputes Tribunal’s Mediation Rules: “Any dispute or difference arising out of or in connection with this...