Introduction

The construction industry is traditionally one of the most complex and adversarial arenas in which to resolve disputes. This is predominantly because of the high number of issues and parties that become involved, especially on large-scale projects.

Mediation is not only a common method to resolve construction disputes. It can also be part of an excellent prevention strategy, where the stakeholders of a construction project can get together during the design stage of the project, map potential implementation issues and appropriate dispute resolution options that be then embedded in the project design.

Construction mediation can help with a wide range of issues, including:

• Architectural issues
• Delays and damage cost overruns
• Construction defects
• Issues with contractors, sub-contractors and suppliers
• Entitlements to penalties or extensions
• Copyright Infringement of Drawings
• Electrical Engineering Issues
• Warranty Disputes

What is mediation

But what exactly is mediation and how does a typical mediation process look like? 

Mediation is a confidential process of communication and negotiation that is managed by a neutral and impartial professional with no decision-making abilities, the mediator. The aim is to prevent, manage, resolve or end a dispute, thus avoiding the increase of tensions, costs and risks, generated even by taking it in the courts of law. Mediation gives all participants the opportunity to craft the rules that govern the dialogue process, to have a voice, to present their perspectives and to propose options that take into account what is most important to them.

In order to achieve these objectives, the mediator can meet jointly but also separately with the participants in the mediation. Also, in order to ensure all the conditions for an informed decision, the parties are encouraged to be advised in the mediation room by lawyers or other advisors. They have an essential role and become veritable agents of reality in mediation.

Specialized mediators

All our mediators are seasoned professionals with solid knowledge, skills and certified experience in the dispute resolution field. Yet, some of the ADR Center Romania mediators are specialized.

To see a list our mediators specialized in mediating construction disputes, click here.