Mediation as an alternative dispute resolution method in Sri Lankan construction industry

Abstract

Litigation is a traditional mode of dispute resolution; disadvantages of litigation have paved the way for the development of ‘Alternative Dispute Resolution’ (ADR) methods for settlement of construction disputes. Mediation can be identified as commonly practicing ADR method in international construction industry. However, the current experience of mediation method in the Sri Lankan construction industry is not that much popular with compared to the other ADR methods. Hence, it is essential to review the suitability of mediation method for resolving disputes in the Sri Lankan construction industry. Literature review was done together with the preliminary survey for the collection of information. Research problem was approached through interviews of experts in the construction dispute resolution. Findings of the research identified the mediation process, advantages, disadvantages, barriers for the implementation of mediation method and best ways of establishment by overcoming the barriers. Results of the research indicate the process, practice and establishment of construction mediation is suitable for the Sri Lankan context. Further, this research is limited to the evaluating the suitability of mediation only in resolving construction disputes in Sri Lanka. Data and information collection were limited to the experienced ADR practitioners who having analytical knowledge in mediation practice. It further revealed that the mediation method for the dispute resolution in the construction industry is suitable. The research further makes recommendations in order to make mediation method more effective and efficient in the Sri Lankan construction industry.