About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2013 Int'l Rev. L. 1 (2013)

handle is hein.journals/inrevla2013 and id is 1 raw text is: Birmingham City University, Birmingham, UK *Email: JuliaI.sidolidelcero@bcu.ac.uk http://dx.doi.org/ 10.5339/ir[.2o13.1 Submitted: 3 Ju[y 2012 Accepted: 13 November 2012 o 2013 Sido[i de[ Ceno, [icensee B[oomsbury Qatar Foundation Journa[s. This is an open access artic[e distributed under the terms of the Creative Commons Attribution License CC BY 3.0 which permits unrestricted use, distribution and reproduction in any medium, provided the origina[ work is properly cited. v QSCIENCE.com Member of QatarY_,owdan fINTERNATIONAL REVIEW OF LAW ' Review Construction mediation as a developmental process Julian Sidoli del Ceno* ABSTRACT This paper seeks to argue that mediation has been hitherto conceived in the construction industry, and indeed by practitioners in other related disciplines such as property management, as largely a problem-solving mechanism. Whilst this is clearly an aim of mediation there is also the appended danger that the value of mediation is conceived in these terms alone. If this is the case, then its value, or success, is conceived very narrowly. The aim of this paper is, then, to argue that there are wider values to mediation in a construction setting. These values can be considered as a family of related attitudes, skills and perceptions that can positively affect the persons involved. By affecting growth in individuals an organisational change may follow. This, in turn, can result in a significant cultural change in the industry, and associated professions as a whole, as well as having a positive impact on construction education. The paper begins by an overview of the development of mediation and proceeds to consider its current use of mediation in construction. It then considers the question of how mediation success is conceived. The paper argues that both the current practice of construction mediation and the way in which its success is measured are too narrow. It argues that a wider approach to construction mediation is required. Finally, drawing from the literature on idealist mediation an account of mediation as a developmental process is developed. Keywords: mediation, construction, education, professiona[ practice, transformation S ~ a ~ S ~ S

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most