Comparison of Mediation Systems in the Construction Industry of Two European CountriesSource: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 004::page 04521027-1Author:Vaidotas Trinkūnas
,
Ulrike Quapp
,
Nerija Banaitienė
,
Klaus Holschemacher
,
Eva Trinkūnienė
,
Audrius Banaitis
DOI: 10.1061/(ASCE)LA.1943-4170.0000493Publisher: 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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contributor author | Vaidotas Trinkūnas | |
contributor author | Ulrike Quapp | |
contributor author | Nerija Banaitienė | |
contributor author | Klaus Holschemacher | |
contributor author | Eva Trinkūnienė | |
contributor author | Audrius Banaitis | |
date accessioned | 2022-02-01T21:59:58Z | |
date available | 2022-02-01T21:59:58Z | |
date issued | 11/1/2021 | |
identifier other | %28ASCE%29LA.1943-4170.0000493.pdf | |
identifier uri | http://yetl.yabesh.ir/yetl1/handle/yetl/4272439 | |
description 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. | |
publisher | ASCE | |
title | Comparison of Mediation Systems in the Construction Industry of Two European Countries | |
type | Journal Paper | |
journal volume | 13 | |
journal issue | 4 | |
journal title | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | |
identifier doi | 10.1061/(ASCE)LA.1943-4170.0000493 | |
journal fristpage | 04521027-1 | |
journal lastpage | 04521027-10 | |
page | 10 | |
tree | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 004 | |
contenttype | Fulltext |