ABSTRACT

Should a dispute arise then the parties should endeavour to negotiate a settlement. By resolving the problems themselves quickly not only do the parties limit their costs but also reduce the risk of the dispute proceeding to litigation. If negotiation fails then there still is the option of turning to mediation. Although relatively new to construction mediation is beginning to be used to assist in the resolution of disputes. Clauses are now appearing in standard building contracts requiring the parties to try mediation prior to litigation or arbitration.