Civil Engineering Reference
In-Depth Information
So when consultants attend they should do the following:
Recognise their own personal investment in their position. It is nec-
essary to detach the person from the problem and try to achieve a
position of independent professionalism.
Similarly be aware of, and preferably discuss beforehand with their
client, the influence that a blame culture brings to a dispute. State-
ments will always be guarded and defensive if there is a fear of a
potential negligence claim.
Support their client in any settlement that is reached in the mediation,
even if it does go against their own advice.
Be aware of 'face' issues that may influence their, and others',
position.
The best approach to including consultants in a client team is to have
a frank and open discussion about the issues beforehand and to agree
a 'no blame' culture in which confidentiality prevails throughout the
mediation.
8.6
Support staff
It was mentioned in an earlier chapter that teams should be 'lean and
keen'. Parties often assemble teams as much for comfort as for their po-
tential usefulness, and this leads to large and sometimes difficult teams -
difficult to keep engaged in the process and difficult to keep united in
purpose. However, it is probably important for those who were deeply
involved in the project (site agent, project manager, foremen and so on)
to tell their story and so have their say in the opening joint session. But
they need to be briefed and to be aware of the fact that there is a likeli-
hood that their strong feelings about how it really was will mean they
may become an obstacle to a settlement. So if they attend the mediation,
they should do the following:
Be briefed about their role and clear about what they should say.
Understand the potential downside of attending; that they will be
deaf to other versions of the truth and be emotionally attached to
what they see as justice.
Support the decision maker in any settlement that is reached, even if
it is contrary to their sense of justice. No decision maker wants to feel
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