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.
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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

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