Civil Engineering Reference
In-Depth Information
2.5
The better options for dispute resolution
2.5.1
Consensual processes
This topic is about the mediation of construction disputes so it is no
surprise that mediation is offered as the best method of resolving con-
struction disputes. But mediation at its best is about cooperation, about
working together to achieve a solution to which everyone can say 'Yes',
and that may mean a complete culture change. Working from a position
of trust and openness may not be the most instinctive way for most
construction parties. But it is the way to achieving the best solutions
and to fostering good relationships. And good relationships mean good
business!
2.5.2
Partnering
There is a section in a later chapter on partnering, but it should also be
mentioned here. Partnering is about 'win-win' attitudes: people work-
ing together for mutual gain. It is about trust and openness, the mutual
pursuit of excellence and the cooperative approach to problem-solving.
It is also about having an agreed and progressive dispute resolution
process which preserves working relationships and avoids the blame
culture. When it works it is great, and there are examples cited later
which are stunning successes. Unfortunately, it doesn't always work,
often because the adversarial culture is so ingrained and because, when
problems occur, parties cannot hold their nerve and resist the temptation
to protect themselves (and, in so doing, point their finger at others).
2.5.3
Dispute avoidance
It is not a big step from partnering to creating a culture of conflict
management that avoids disputes altogether. Later chapters give some
'rules' and include deal mediation and project mediation, both of which
move the mediation skills, and sometimes the process, 'upstream' to
the initial negotiations and to the currency of the project. Getting the
relationships right means that people work together to resolve prob-
lems when they occur. Getting the conflict management processes right
means that everyone is confident about what to do when problems arise.
It is common sense and it therefore sounds easy, but it actually takes a
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