Jarratt, A (2015) Mediation insights: Practical ways to shape the outcome. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 168(3), pp. 130-134. ISSN 17514304
Abstract
Generations of people and businesses had become used to just two means of settling disputes, namely arbitration and litigation, until recently. Now mediation has joined the fray and been adopted by the judiciary, central and local authorities, agencies, businesses and many professional bodies and groups, nationally and internationally. It is destined in the long term to become even more popular as the most commercially viable method for securing positive outcomes for disputes. This paper deals with the principles of mediation and gives insights for maximising the chances of achieving success. It is backed by examples of real mediations using similar techniques but with different outcomes. It will also show why the vast majority of mediations succeed and the remaining few do not.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracting; contracts & law; sputes & arbitration |
| Index terms: | dispute, litigation, arbitration, mediation, judiciary, local authority, agency |
| Subjects: | dispute resolution, sociology, legal systems |
| Topics: | Legal Issues, Research Practice, Stakeholder Management |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here