Mediation in construction

Written by Lyle Charles

If you are a construction firm and you are faced with a construction claim, some construction experts will suggest private mediation as a solution to solve the problem. Most often this option is suggested after a construction claim analysis highlights that mediation is one of the quickest methods of success for both parties.

The mediation process involves a third party mediator, who is appointed by the parties to the dispute, to assist in negotiation and resolution.  There are a number of forms of mediation and they include the following;

Facilitative mediation – The mediator, who is a neutral party will encourage both parties to overcome deadlocks and come up with creative solutions. These mediators will help parties who are fixed on their position and need assistance to find common ground.

Evaluative mediation – The mediator will request for facts about the position of each party. They will then evaluate the information and reach a settlement that they feel is fair for all parties concerned.

Settlement mediation (compromise mediation) – The goal of this form of meditation, is to get all parties to a central point and to offer parties reconsideration of priorities until they all reach a compromise.

Therapeutic /transformative mediation – This form of mediation focuses on enhancing the relationship of the parties concerned. The mediator will encourage the parties to vent out their feelings and emotions, to learn more about the case. This approach is most beneficial in family/social disputes and offers real resolutions.


Construction already costs a ton without factoring in the costs of litigation, which is becoming more common by the day. According to Lyle Charles Consulting, construction turnaround services can help cut those costs and provide a fair resolution to disputes that commonly arise.