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    Comparison of Mediation Systems in the Construction Industry of Two European Countries

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 004::page 04521027-1
    Author:
    Vaidotas Trinkūnas
    ,
    Ulrike Quapp
    ,
    Nerija Banaitienė
    ,
    Klaus Holschemacher
    ,
    Eva Trinkūnienė
    ,
    Audrius Banaitis
    DOI: 10.1061/(ASCE)LA.1943-4170.0000493
    Publisher: ASCE
    Abstract: The construction process is multistage and usually involves different stakeholders. The stakeholders of this process pursue different goals and implement them by different means, which would predetermine various disputable situations. In case of resolving disputes in the court, it is necessary to prepare and provide a large number of documents and evidence. Those need to be prepared separately for each defendant depending on the type of dispute. Resolving construction disputes by such judicial way takes a substantial period of time and incurs substantial expenses. Large amounts of company resources and time are invested to dispute-resolving processes that can be used in a business. Among the various dispute resolution methods, mediation has been increasingly gaining recognition and acceptance in construction. Unfortunately, in new European countries like Lithuania, the implementation of mediation is still in the initial stage. This study encompasses the nature of construction disputes, key features of mediation, analysis of main differences among court and mediation processes, and pros and cons of mediation with special reference to the construction industry in Germany and Lithuania. Based on these results, recommendations to increase mediation in Countries that are new to the EU countries are elaborated. Finally, it is concluded that more education of construction professionals about mediation, more training of competent construction mediation, and incorporation of mediation clauses in construction contracts are strongly advocated.
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      Comparison of Mediation Systems in the Construction Industry of Two European Countries

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4272439
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    contributor authorVaidotas Trinkūnas
    contributor authorUlrike Quapp
    contributor authorNerija Banaitienė
    contributor authorKlaus Holschemacher
    contributor authorEva Trinkūnienė
    contributor authorAudrius Banaitis
    date accessioned2022-02-01T21:59:58Z
    date available2022-02-01T21:59:58Z
    date issued11/1/2021
    identifier other%28ASCE%29LA.1943-4170.0000493.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4272439
    description abstractThe construction process is multistage and usually involves different stakeholders. The stakeholders of this process pursue different goals and implement them by different means, which would predetermine various disputable situations. In case of resolving disputes in the court, it is necessary to prepare and provide a large number of documents and evidence. Those need to be prepared separately for each defendant depending on the type of dispute. Resolving construction disputes by such judicial way takes a substantial period of time and incurs substantial expenses. Large amounts of company resources and time are invested to dispute-resolving processes that can be used in a business. Among the various dispute resolution methods, mediation has been increasingly gaining recognition and acceptance in construction. Unfortunately, in new European countries like Lithuania, the implementation of mediation is still in the initial stage. This study encompasses the nature of construction disputes, key features of mediation, analysis of main differences among court and mediation processes, and pros and cons of mediation with special reference to the construction industry in Germany and Lithuania. Based on these results, recommendations to increase mediation in Countries that are new to the EU countries are elaborated. Finally, it is concluded that more education of construction professionals about mediation, more training of competent construction mediation, and incorporation of mediation clauses in construction contracts are strongly advocated.
    publisherASCE
    titleComparison of Mediation Systems in the Construction Industry of Two European Countries
    typeJournal Paper
    journal volume13
    journal issue4
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000493
    journal fristpage04521027-1
    journal lastpage04521027-10
    page10
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 004
    contenttypeFulltext
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    DSpace software copyright © 2002-2015  DuraSpace
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