This site uses cookies. By using it you agree to their use in accordance with current browser settings .
I accept

Loading...


Search Menu
A A A high contrast A A

Export Promotion Portal



Practical application of mediation in construction disputes

Wyślij Print Pobierz added: | 2015-09-18 08:09:01
aktualności

The use mediation instead of litigation to settle the dispute between entrepreneurs are parties and the economy, above all save time and lower costs. One such example is the case of a dispute entrepreneurs from the construction industry developed by...

The use mediation instead of litigation to settle the dispute between entrepreneurs are parties and the economy, above all save time and lower costs. One such example is the case of a dispute entrepreneurs from the construction industry developed by Lublin Arbitration and Mediation Center.

The dispute

The dispute concerned the construction of multi-family residential building with part of the service. Owners commercial units reported the investor (real estate developer) numerous fault. According to the investor the cause of errors resulted from the omission on the side of the main contractor and therefore came to the principal contractor's claim for compensation in the amount of 350 thousand. zł. for improper performance of the contract.

Investor directed to the District Court lawsuit against the main contractor. At the first hearing, the District Court directed the parties to mediation, the mediator defining and specifying a fixed time limit for initiating a mediation procedure.

The course of mediation

The mediation proceedings held in two sessions. The Parties shall jointly decided to use the mediation of the private opinion of an expert in the field of construction and to invite you to one of the sessions the construction manager and designer at the same time performing the function of investor's supervision inspector. The parties and the mediator have signed an agreement on mediation and decided to carry out direct mediation (for joint sessions).

During the first session, parties presented their positions. With the assistance of a mediator entrepreneurs agreed that together they order and pay in equal parts personal opinion drawn up by an expert in the field of construction to the fact determine the causes, scope and valuation costs of repairing these defects.

During the second session, at the invitation of the parties to the dispute opinions presented by the construction manager and designer. Subsequently, the parties and the mediator continued to the second session of mediation already in the immediate circle. The mediator during the discussions did not seek to determine the percentage of liability for malfunctions different players - in exchange for a suggested and proposed to the parties, different options. He helped them in reaching an agreement with its emphasis on assessment of the reality of options to resolve the dispute.

Effect of mediation

The result of negotiations undertaken with the mediator was to develop the main provisions of a settlement in the case. The main contractor has undertaken to remedy all defects at its own cost in materials supplied by the investor within 6 months from the date of submission of all necessary approvals of design changes and public and private legal. The investor stated that execution of the above. commitments by the main contractor fulfills his claim in its entirety.

Mediation meetings helped to find a common solution and end the dispute by the parties.

Deals described mediation (see case study).

For more information about mediation and arbitration as well as other examples of the use of mediation can be found on the website at www.mediacjegospodarcze.gov.pl and www.caim.gov.pl. The portal is also available a special form (link) through which interested parties can share their experiences on the use of mediation.


Source: Ministry of Economy
/BK/