A process account of construction mediation

This paper seeks to argue that construction mediation has hitherto been viewed and evaluated in a relatively narrow fashion. It suggests that while there are numerous and well-known benefits to the process, although these are not always accepted by all academics or practitioners, in such things as the speed of the potential settlement and lower cost implications there are other valuable benefits, benefits that tend not to be considered but have real value. The central claim is that construction mediation has the potential to become a transformative process. It argues that greater emphasis ought to be placed on the 'process' of dispute resolution and the attendant benefits that can result in the construction professional undergoing a developmental and maturing experience through engagement with mediation. These benefits ought to be then considered alongside other, more traditional accounts, of the strengths and weaknesses of mediation. The argument will be developed through reference to currently recognized models of mediation. It will conclude that through the use of mediation in dispute resolution the construction professional can develop both a range of important attributes such as more developed communication skills as well as important mental and social attitudes that can engender empowerment and may serve as an aid to cultural change in the industry.