Construction mediation as a developmental process

@article{Ceno2013ConstructionMA,
  title={Construction mediation as a developmental process},
  author={Julian Sidoli del Ceno},
  journal={International Review of Law},
  year={2013},
  volume={2013},
  pages={1}
}
This paper seeks to argue that mediation has been hitherto conceived in the construction industry, and indeed by practitioners in other related disciplines such as property management, as largely a “problem-solving” mechanism. Whilst this is clearly an aim of mediation there is also the appended danger that the value of mediation is conceived in these terms alone. If this is the case, then its value, or success, is conceived very narrowly. The aim of this paper is, then, to argue that there are… 
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References

SHOWING 1-10 OF 53 REFERENCES
Mediation Outcomes: Lawyers' Experience with Commercial and Construction Mediation in the United Kingdom
This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure
An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and Wales
Purpose – The paper seeks to examine empirically the attitudes of English lawyers towards mediation in commercial landlord and tenant disputes. Despite much support from numerous sources there has
Trust in construction projects
Trust is described as an elusive concept (Gambetta 1988), difficult to describe, understand and, therefore, manage. The Trust in Construction project undertook 6 exploratory case studies, of which 4
The promise of mediation : responding to conflict through empowerment and recognition
Introduction: The Future of Mediation: What's at Stake and Why It Matters. MEDIATION AT THE CROSSROADS. 1. The Mediation Movement: Four Diverging Views. 2. Losing Sight of the Goal of Transformation:
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 and
The Engineering or Evolution of Co-Operation? A Tale of Two Partnering Projects
Accounts of the development of partnering in construction often stress the importance of formal mechanisms for ‘engineering’ collaboration and underplay the impact of social dynamics on the
Understanding the diffusion and application of new management ideas in construction
Recent interest in the UK construction sector in innovative management practices such as partnering, continuous improvement and benchmarking have raised long‐standing questions about the
The construct of neutrality and impartiality in Chinese mediation
This article argues that discourses on mediation practice and theory, particularly regarding the concept of neutrality in mediation, are predomi- nantly Western oriented. Although there is emerging
Culturally sensitive mediation: The importance of culture in mediation accreditation
Culture is particularly relevant to mediation practice because it shapes the way people view conflict and how they deal with disputes within the justice system. This article explores the implications
Communication in Construction: Theory and Practice
Communication within project-based environments presents special challenges. This is especially true within the construction industry, where interaction tends to be characterised by unfamiliar groups
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