Mediation in the construction industry : an international review

222 Pages·2010·1.74 MB·English

by  Penny Brooker

Mediation in the Construction Industry
About CIB and about the series
CIB, the International Council for Research and Innovation in Building and
Construction, was established in 1953 to stimulate and facilitate interna-
tional cooperation and information exchange between governmental research
institutes in the building and construction sector, with an emphasis on those
institutes engaged in technical fields of research.
CIB has since developed into a worldwide network of over 5,000 experts
from about 500 member organisations active in the research community, in
industry or in education, who cooperate and exchange information in over
50 CIB Commissions and Task Groups covering all fields in building and
construction- related research and innovation.
www.cibworld.nl
This series consists of a careful selection of state-o f- the- art reports and con-
ference proceedings from CIB activities.
Open & Industrialized Building
A. Sarja
Building Education and Research
J. Yang et al.
Dispute Resolution and Conflict Management
P. Fenn et al.

Profitable Partnering in Construction
S. Ogunlana
Case Studies in Post-C onstruction Liability
A. Lavers
Cost Modelling
M Skitmore et al.
(allied series: Foundation of the Built Environment)
Procurement Systems
S Rowlinson et al.
Residential Open Building
S Kendall et al.
Innovation in Construction
A Manseau et al.
Construction Safety Management Systems
S Rowlinson
Response Control and Seismic Isolation of Buildings
M Higashino et al.
Mediation in the Construction Industry
P. Brooker et al.

Mediation in the Construction
Industry
An international review
Edited by Penny Brooker and Suzanne
Wilkinson
First published 2010
by Spon Press
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Spon Press
270 Madison Avenue, New York, NY 10016, USA
This edition published in the Taylor & Francis e-Library, 2010.
To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.
Spon Press is an imprint of the Taylor & Francis Group, an informa business
© 2010 Penny Brooker and Suzanne Wilkinson, selection and
editorial material; individual chapters the contributors.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
This publication presents material of a broad scope and applicability.
Despite stringent efforts by all concerned in the publishing process,
some typographical or editorial errors may occur, and readers are
encouraged to bring these to our attention where they represent
errors of substance. The publisher and author disclaim any liability,
in whole or in part, arising from information contained in this
publication. The reader is urged to consult with an appropriate
licensed professional prior to taking any action or making any
interpretation that is within the realm of a licensed professional practice.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Mediation in the construction industry : an international review /
edited by Penny Brooker and Suzanne Wilkinson.
p. cm.
Includes bibliographical references and index.
1. Construction contracts. 2. Dispute resolution (Law) 3.
Mediation. I. Brooker, Penny. II. Wilkinson, Suzanne, Ph. D.
K891.B8M43 2010
343’.07869—dc22 2010003451
ISBN 0-203-89301-8 Master e-book ISBN
ISBN13: 978-0-4 15-47175-6 (hbk)
ISBN13: 978-0-2 03-89301-2 (ebk)
Contents
List of figures and tables ix
Notes on contributors xi
1 Introduction 1
PENNY BROOKER AND SUZANNE WILKINSON
2 Construction mediation in Australia 19
AJIBADE AYODEJI AIBINU, LOLA AKIN-O JELABI AND BLAIR GARDINER
3 Construction mediation in Germany 46
JAN- BERTRAM HILLIG AND MARTIN HUHN
4 Construction mediation in Hong Kong 62
SAI ON CHEUNG
5 Mediation in the Malaysian construction industry 82
SR NOUSHAD ALI NASEEM AMEER ALI
6 Construction mediation in New Zealand 108
SUZANNE WILKINSON
7 Construc tion mediation in South Africa 121
P. M. D. RWELAMILA
8 Construction mediation in Turkey 133
DENIZ ILTER AND ATTILA DIKBAS
viii Contents
9 Construction mediation in England and Wales 154
PENNY BROOKER
10 Evaluation of construction mediation 183
PENNY BROOKER AND SUZANNE WILKINSON

Index 203
Figures and tables
Figures
2.1 ‘ Building Cases List’ of the Supreme Court of Victoria (new
cases initiated) (Australia) 22
2.2 ‘ Technology and Construction List’ of the Supreme Court of
New South Wales (new cases initiated) (Australia) 23
2.3 T he Victorian Civil and Administrative Tribunal ‘Domestic
Building List’ 1998 to 2008 (cases initiated) (Australia) 24
2.4 C CT ‘Building List’ between 2003 and 2008 (new cases initi-
ated) (Australia) 25
2.5 Share of domestic building dispute mediation in VCAT between
June 2001 and July 2007 (Australia) 34
2.6 M ediation success rate for disputes handled by VCAT from
2001 to 2008 (Australia) 34
2.7 T rend of mediation success for disputes handled by VCAT
between 2001 and 2008 (Australia) 35
2.8 R esolution methods for domestic building cases referred to
CCT Queensland between 2003 and 2008 (Australia) 35
2.9 R esolution method for commercial building cases referred to
CCT Queensland between 2003 and 2008 (Australia) 36
3.1 A utonomous mediation and court- related mediation
(Germany) 50
4.1 A ppeal structure of the High Court, District Court and Lands
Tribunal (Hong Kong) 64
4.2 P ercen tage of various disputes involving HKIAC from 1995
to 2007 (Hong Kong) 70
4.3 P ercentage of construction disputes by method of settlement
(Hong Kong) 71
5.1 C onstruction sector growth and Malaysian economic trend
(constant price) for year 1980 – Q1 2009 (Malaysia) 83