Construction mediation and its hybridization: the case of the Hong Kong construction industry

Abstract

In view of the sophisticated nature of construction disputes, specialized dispute resolution mechanisms are of pivotal importance to the satisfactory settlement between disputing parties. Among the various construction dispute resolution mechanisms, mediation has been increasingly gaining recognition and acceptance. Its hybrid, namely mediation–arbitration (med-arb), has also emerged and has started receiving attention and appreciation. With special reference to the construction industry practice in Hong Kong, a commentary on the respective merits and demerits of construction mediation and construction med-arb, as well as the ways forward, are presented in this article.

Keywords

• alternative dispute resolution
• construction mediation
• mediation-arbitration
• specialized facilitative mediation