Construction Dispute Mediation: Theory and Practice

“Many books have been written on mediation, but few have been written on the mediation of construction disputes. Construction disputes have a unique complexity – contractual, legal, and factual – and they can have an enormous impact on national economies and the welfare of so many people. The benefits of resolving them efficiently and in a way that supports the business relationship are extraordinary. With this book, Duncan Glaholt shares a wealth of insights into the way the parties’ interactions can be shaped to settle their disputes through mediation.” – Professor Janet Walker, from the Foreword

Construction Dispute Mediation: Theory & Practice systematically introduces the reader to the theory and practice of construction dispute mediation. It provides a comprehensive and up-to-date exposition and analysis of construction dispute mediation, discussing principles that have application nationally and internationally.

This text contains useful real-world examples and references, explaining challenging conceptual and practical issues that arise in construction dispute mediations. The book offers solutions to these issues through the mediator’s creation and curation of repeat, high-value interaction between and among disputing parties and their legal counsel.

The core ideas of the book are presented in three main sections:

• Part 1 discusses how principled construction dispute mediation can be managed for the benefit of disputants
• Part 2 discusses aspects of project-wide collaboration that can be fostered and generated by construction dispute mediation
• Part 3 briefly introduces technological developments that are expected to change the practice of construction dispute mediation in the very near future

Features of This Book

• Comprehensive guide – simplifies construction dispute mediation and provides practitioners with deep insight into the conduct of successful mediations
• Demystifies mediation – explains the construction mediation process with practical examples for non-lawyer participants
• Practical guidance – provides helpful techniques and useful precedents, including standard provisions and sample mediation agreements
• Key legislation – contains excerpts of the relevant federal and provincial legislation
• Special Foreword – insight from Janet Walker, professor of Conflict of Laws and International Commercial Arbitration at Osgoode Hall Law School

Who Should Read This Book

• Aspiring construction dispute mediators from any background and in any jurisdiction
• Construction law professionals including lawyers, engineers, managers, accountants looking to optimize mediation outcomes
• Construction law mediators and facilitators who prepare for and lead positive mediations
• In-house counsel whose advice is regularly sought when a dispute arises
• Law libraries and law students seeking a reliable resource on construction mediation