Mediation Construction Dispute

Article / Decision-making and Valuation

Mediation Construction Dispute
Ahmad Tawanaee , Manager, Qatar

The spectrum of dispute resolution technique

The conventional model of dispute resolution describes an adjudicative process, most frequently operated by state court. Litigation required the parties to submit their dispute to a judicial umpire, whose role is to impose a legally binding decision; arbitration does the same. At the other end of the same spectrum sits two way problem solving between the parties an informal, voluntary, non binding, approach, the successful outcome of which is an agreement to settle. In its most basic form, direct negotiation provides a simple party based problem solving technique. The process may be bilateral (between two parties) or multilateral (many parties). A further dimension is added when either party introduces advisers; the process then often described as supported negotiation. Even where advisers participate, the essential feature of negotiation and settlement is that control of the outcome remains with the parties.

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