An investigation of evaluative and facilitative approaches to construction mediation

  title={An investigation of evaluative and facilitative approaches to construction mediation},
  author={Penny Brooker},
  journal={Structural Survey},
Purpose – The paper seeks to examine the debate on mediator style and provide empirical evidence on mediator orientation, which has implications for party choice and the development of professional standards for construction mediators in the UK.Design/methodology/approach – This paper analyses the theoretical arguments and distinctions in mediator style and assesses the available evidence relating to the utilisation of evaluative or facilitative mediator approaches in the UK and US construction… Expand
An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes
Purpose The purpose of this paper is to assess the views and experiences of mediators from different professional backgrounds practising in the construction industry. Previous research showsExpand
Towards a code of professional conduct for construction mediators
Purpose – The purpose of this paper is to examine the codes of professional conduct observed by construction mediators in England and Wales with the aim of assessing whether they raise awarenessExpand
An Investigation of the Development of Mediation in the UK Construction Industry
Mediation has been regarded as one of the effective dispute resolving techniques. However, the issues pertaining to the development of mediation have been overlooked and are therefore less wellExpand
Toward a research roadmap for construction mediation
Purpose This paper aims to outline the state-of-the-art and research contributions in the construction mediation domain to determine whether existing research is compatible with a futureExpand
In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?
Purpose This paper aims to explore the appropriate role and approach of mediators and investigate whether mediator neutrality and party autonomy should prevail over mediators’ obligations toExpand
Construction disputes in England : the option for mediation
Purpose: English construction, a particularly litigious industry, saw adjudication introduced in 1996 to improve cash flow and provide time-efficient, cost-effective dispute resolution. TheExpand
Criteria for the appropriate use of mediation in construction disputes
Purpose – The purpose of this paper is to consider the circumstances in which a refusal to refer a construction dispute to mediation may be judged acceptable in the English Technology andExpand
Mediation and Lawyers: Does the Cap Fit?
This chapter focuses on the issue of whether lawyers and mediation represent a good fit. It analyses such matters as whether lawyers are appropriate to act as mediators and the utility or otherwiseExpand
Mediation within Irish Construction Industry: Identifying Success Factors for Appropriate Competencies and Processes
The construction industry notoriously excels at dispute creation both in Ireland and abroad. This paper examines mediation in the Irish construction industry as a means of conflict and disputeExpand
An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry
Purpose – The Turkish Ministry of Justice submitted the Draft Law on mediation in legal disputes, which was predicated on the European Council (EC) Directive on certain aspects of mediation in civilExpand


Variations in Mediation: How-and Why-Legal Mediators Change Styles in the Course of a Case
The issue of mediator style-what techniques a mediator may appropriately use to encourage settlement-has been hotly debated. Very few articles, however, have examined how "commercial"Expand
Mediation Research: The Process and Effectiveness of Third-Party Intervention
Discover the most up-to-date findings on a range of mediation topicsSponsored by the Center for Negotiation and Conflict ResolutionIn eighteen original chapters, this book, sponsored by the CenterExpand
Mapping Mediation: The Risks of Riskin's Grid
The article responds to a grid created by Leonard Riskin to describe mediator orientations. As Riskin’s Grid indicates, many mediators in practice evaluate the fair or likely court outcome whenExpand
“Evaluative” mediation is an oxymoron
An essential characteristic of mediation is facilitated negotiation wherein the mediator remains neutral throughout the process. Inconsistent with this role is an evaluative mediator who assesses theExpand
The Possibilities and Desirability of Mediator Neutrality - Towards an Ethic of Partiality?
This article draws on an empirical study of community mediation to question the possibility and desirability of mediator neutrality. It argues that, although the notion of neutrality is central toExpand
Lawyer Negotiations: Theories and RealitiesWhat We Learn From Mediation
Interest in the science and art of negotiation has grown exponentially in the last ten years.' A wide variety of disciplines, including law, political science, psychology, economics, sociology andExpand
Lawyers, Clients and Mediation
That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediationExpand
Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research
The present article reports the findings of an empirical study that examined parties' and attorneys' assessments of mediation, mediation outcomes, and the time and cost of resolution in generalExpand
The Contribution of Mediation to Workplace Justice
The familiar litany of complaints about the costs, delays and excessive formality associated with the processing of workplace disputes through the employment tribunal system has led toExpand
Enforcing Rights Generated in Court-Connected Mediation - Tension Between the Aspirations of a Private Facilitative Process and the Reality of Public Adversarial Justice
This article advances the thesis that the number of recent cases and the nature of the claims by parties complaining about their experiences in court-connected mediations suggest that it is time toExpand