Mediation practice in the South African construction industry

Abstract

Dissatisfaction with the traditional methods of litigation and arbitration for set tling disputes has led to an increase in the growth of alternative dispute reso lution (ADR) processes. Presently mediation is the ADR process most frequently used for settling disputes that arise within the South African construction indus try. This paper presents the findings of an investigation into the practice of mediation in the South African construction industry. The main findings of the investigation were that the mediators are more intent on resolving the dispute for the parties, than assisting the parties in seeking their own settlement to the dispute. The majority of the respondents place greater emphasis on the im portance of their technical expertise, authority and their understanding of the matter in dispute rather than on moving the parties towards an in depth understanding of each other’s perspectives on the matter in dispute. Finally, it is concluded that the process being employed by mediators in the South African construction industry is not consistent with the generally accepted principles of the mediation process.