An investigation into the use of mediation in the UK construction industry and assessing the drivers and barriers to its success

Abstract

In the last few years the construction industry has attempted to adopt a less adversarial approach to contracting. The increased use of forms of contract such as the NEC demonstrates a willingness for the parties engaged in projects to act in a spirit of co-operation and partnering. This attempt to reduce conflict has also meant that clients, contractors and subcontractors have become more willing, with the encouragement of government and legislation to adopt alternative dispute resolution (ADR).
This dissertation aims to review one mode of ADR, mediation, and assess the drivers and barriers for its use, advantages and disadvantages as compared to other forms of ADR and to look at the drivers and barriers to its use in industry.
The review will also look at the role the courts of England and Wales have had and continue to have in encouraging parties in dispute to consider ADR and particularly mediation before embarking on litigation. The review will emphasise the view that those with experience of mediation consider that for many cases of dispute the use of mediation ought to continue to be encouraged and can lead to parties saving time and cost in resolving disputes.