LEGAL
QUANTITY SURVEYORS IN MEDIATION Quantity surveyors are, and should be, at the forefront in promoting alternative dispute resolution (ADR) in the construction industry. The primary role of a quantity surveyor is to guide projects to the most economical solutions and the best financial management to the benefit of all stakeholders in general and mediation in particular. Mediation provides a cost and time effective method of dispute resolution and should be the first point of call for the industry. A mediation session normally lasts for approximately one to two days, whereas arbitration or litigation can take several weeks or months and often ends up costing the parties as much, if not more than the amount in dispute. Mediation can
be scheduled efficiently with the parties generally agreeing on a mediator and his brief. As the mediator is chosen by the parties, the process can be expedited rather than waiting for the Court’s next available hearing date. This can be particularly advantageous when a dispute occurs during a project as it allows works to continue notwithstanding the mediation. The role of a quantity surveyor in mediation is similar to that of an expert witness in litigation. Quantity surveyors provide valuable information for the mediator and the parties, allowing them to better understand the matter in dispute as well as facilitating the discussion so that the issues that have arisen can be properly discussed, quantified and dealt
with. The quantity surveyor can provide an accurate valuation of the issues and the monies so parties can resolve real costs rather than ambit claims. This can add an additional layer of credibility to the claim or counterclaim and assist in fact finding by the mediator. Increasingly, ADR clauses are being included in construction contracts to facilitate swift resolution of the issues in dispute with mediation required prior to arbitration or litigation. Of course, mediation is a non-binding process and most parties choose to execute a Deed of Settlement and Release in order to bar any further claims arising from the same issues on the conclusion of a successful mediation.
BUILT ENVIRONMENT ECONOMIST - MARCH 2020 - 65
