Construction Mediation in Australia
Thursday 29th October, 1pm, Japanese Room, First Floor, Architecture Building
Dr Ajibade Aibinu
with Blair Gardiner
ABP, The University of Melbourne
Construction disputes are characterised by being complex in nature, encompassing the technical and the economic whilst involving multiple parties across numerous and varied causes of action. In Victoria, construction disputes are estimated to cost around AUD 500million per year. In order to contain legal costs and delays associated with litigation and the mounting case loads in the courts, the use of mediation method has been developed and nurtured as an alternative to litigation.
Abstract: In 2008, I was invited to develop a chapter for a forthcoming book titled: ‘International perspectives on construction mediation’ – to be published jointly by the International Council for Research and Innovation in Building and Construction (CIB) and Taylor and Francis. Over a period of 8 months, Blair Gardiner and I worked together with another colleague from La Trobe University, to examine archival data including court reports, decided cases and publicly available data published by consumer and administrative tribunals across Australia. We reviewed some available documents and materials on alternative dispute resolution (ADR) as well as some building and construction industry standard contracts. Our study sought answers to the following questions: How much has the Australian building and construction industry embraced mediation? What are the factors influencing the growth (or lack thereof) of construction mediation? What are the key legal challenges to mediation practice? Through the exploratory research, we provide some preliminary empirical evidence on the use, growth and success of mediation. We also identify some major developments and key legal challenges to construction mediation practice. This seminar presents some of the preliminary findings and proposals for future research.
Ajibade Aibinu is a Senior Lecturer in Quantity Surveying and Construction Economics in the Faculty of Architecture Building and Planning at the University of Melbourne. He has been an international contributor to the field of construction claims, conflict, and dispute management. In this presentation, he will discuss the trends and developments in construction mediation in Australia and future research agenda.