Success in construction mediation in Hong Kong, China

In construction mediation, there is a spectrum of mediating approaches and various schools of thought for mediation strategies. Among which, it is controversial whether the mediator should adopt a proactive approach, such as evaluating the case or proposing solutions. Furthermore, it is contentious whether the success rate of the mediation will be higher when the mediator has a construction background. In this paper, the authors attempt to summarise the points of view of various stakeholders, from mediators to industry representatives. The authors conducted 31 interviews with experienced construction mediators, top management of contractors and advocates of various mediating approaches. According to the results, both the process and outcome of the construction mediation can be considerably enhanced if the mediator is experienced in construction. Such advantages can be 'passive' (i.e. enhanced understanding of the cases, clearer issue identification, enhanced communication etc.) and at the same time 'proactive' (i.e. construction mediators' capability to evaluate the case from a technical angle, to propose solutions and to guide the parties involved). Despite concerns about evaluative approaches, the interview results illustrate that a significant proportion of stakeholders in the construction industry expect mediators to be able to mediate using evaluative approaches.