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An empirical analysis of Scottish construction lawyers' interaction with mediation : a qualitative approach

Agapiou, Andrew and Clark, Bryan (2012) An empirical analysis of Scottish construction lawyers' interaction with mediation : a qualitative approach. Civil Justice Quarterly, 31 (4). pp. 494-513. ISSN 0261-9261

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Abstract

Construction projects are often complex and the project participants are exposed to many uncertainties and risks. As a result, misunderstandings, disagreements and disputes regularly occur, which may frequently result in recourse to adversarial dispute resolution mechanisms such as litigation and costly negotiation effected in the shadow of ongoing legal proceedings. However, disillusionment with these processes and a growing need to change deep seated practice norms in the resolution of disputes has long been recognised by many within the construction industry and the legal profession and led to the search for other forms of dispute resolution.