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  USA  02116
  • Authors:
    • Springer, D E
    • Healy, T
    • Gnaedinger, J P
  • Publication Date: 1977-7

Media Info

Subject/Index Terms

Filing Info

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