ABSTRACT

Use of a third (neutral) party to aid the contracting parties to iron out their differences and arrive at an amicable solution is the distinctive feature of mediation. Though the terms ‘mediation’ and ‘conciliation’ are used interchangeably here, there is some suggestion that in mediation the third party plays an evaluative role (that is, by expressing his opinion), whereas in conciliation the role is a facilitative one (that is, the third party does not advise parties of his own opinion).6 This distinction is by no

1 Also sometimes known as appropriate dispute resolution. 2 For instance, in Channel Tunnel Group v Balfour Beatty Ltd [1993] AC 334, the contract included

an expert determination clause. Clause 67(1) of the contract provided: If any dispute or difference shall arise between the Employer and the Contractor during the progress of the Works . . . such dispute or difference shall at the instance of either the Employer or the Contractor in the first place be referred in writing to and be settled by a Panel of three persons (acting as independent experts but not as arbitrators) who shall . . . state their decision in writing . . . to the Employer and Contractor.