Process driven construction mediation outcomes

Mediation is flexible, cost-effective and non-threatening, thus is regarded as a suitable way to resolve construction disputes. Furthermore, mediated settlements are made privately, a highly desirable characteristic favoured by disputants who do not wish to publicize their disputes. The increase in the use of mediation attracted a number of studies that can broadly be divided into three main areas: (1) case reporting, (2) process design and (3) experience sharing. These collectively provide rich description on the characteristics of mediation as well as the potential benefits. Amicable settlement is the obvious desirable outcome of mediation. Moreover, due to many practical and contextual factors, different forms of outcome, tangible and intangible, may be resulted. This paper reports a study on the achievability of construction mediation outcomes from the views of practicing mediators in Hong Kong. It was found that the most readily achievable outcome is 'an agreement perceived to be devised from the parties'. It is suggested that the high achievability can be attributed to the mediation characteristics of 'flexibility' and 'voluntariness'.