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(CDR-2451) Principles of Mediation – Explained with Case Study

Level: Basic
Author(s): Avinash A. Gaikwad
Venue: 2017 AACE International Annual Meeting, Orlando, FL

Abstract: Alternative dispute resolution processes (ADR) covers various means of disputes resolution beyond the scope of formal litigation. These processes include negotiation, arbitration, conciliation, mediation, etc.

Mediation is a voluntary, non-binding and private dispute resolution process wherein a neutral person helps the parties towards achieving a negotiated settlement.

This paper will focus on how the principles of Mediation are applied to achieve desired results while settling a prolongation and disruption claim with the help of case study. It also discusses the various conditions where the Mediation principle can be suitably applied for settling disputes/claims in Construction industry. At the end recommendations will be provided on how this method can be applied under different circumstances to save time and cost for dispute resolution process.