MEDIATION-ARBITRATION: A NEW APPROACH TO CONFLICT RESOLUTION IN THE CONSTRUCTION INDUSTRY

The Mediation-arbitration process described here incorporates several principles: comprehensiveness, continuity, technical expertise, and timeliness. Med-arb requires care in creating a comprehensive contractual relationship among the parties to a project. The owner-architect contract should contain 3 key provisions: a detailed description of the Med-arb procedures; a requirement that the parties submit all disputes arising on a project to the med-arb procedure; and a requirement that the parties bind all other parties with whom they deal to submit disputes to the med-arb process. Med-arb requires the appointment of a disinterested third party (med-arbiters) before any conflicts arise. A panel of med-arbiters may be appointed. The med-arbiter serves first as mediator, and if this fails, as an arbiter. The three provisions relating to med-arb contained in the owner-architect contract are discussed.

• Corporate Authors:

  Boston Society of Civil Engineers

  230 Boyston Street
  Boston, MA  United States  02116
• Authors:
  • Springer, D E
  • Healy, T
  • Gnaedinger, J P
• Publication Date: 1977-7

Media Info

• Pagination: p. 99-105
• Serial:
  • Boston Society of Civil Engineers, ASCE, Journal
  • Volume: 64
  • Issue Number: 2
  • Publisher: Boston Society of Civil Engineers

Subject/Index Terms

• TRT Terms: Arbitration; Construction industry; Contract administration; Contractors; Contracts
• Subject Areas: Administration and Management; Construction; Highways; Research;

Filing Info

• Accession Number: 00164396
• Record Type: Publication
• Files: TRIS
• Created Date: Oct 29 1977 12:00AM