Andrew Agapiou will deliver the latest seminar in the President’s seminar series on 7th April
Title: W113 – Law and Dispute Resolution –A reflection on Construction Mediation in Scotland:A comparison of the views andexperiences of Lawyers and end-users
Abstract
Recent research in different parts of the UK has pointed to growing acceptance of the mediation process from legal professionals with promises of headline grabbing, potential cost savings for hard pressed construction industry users. Nonetheless in many jurisdictions take up is low despite positive evidence relating to use and there is scant empirical knowledge about construction lawyers’ role in the referral of cases to mediation and sophisticated evidence relative to lawyer and client interaction in the expediting use of the process.
This research-based presentation draws upon recent work (both interview and questionnaire based) that has been conducted over the past decade with construction lawyers and end-users relative to their experiences of mediation in the Scottish construction field – a multiplicity of viewpoints not found in other comparable studies.
The purpose of this seminar is to compare and contrast data arising from the two groups of research subjects in respect of their views on, and experiences of the mediation process and explore some of the reasons why such differences exist. While most research in the mediation field has tended to focus on the views and experience of lawyers, the findings presented here are useful in helping us understand the different ways in which mediation and indeed dispute resolution more generally is perceived and encountered by both end-users and their lawyers.
Biography
Dr Andrew Agapiou, combines his academic background in Construction Law & Mediation with over 25 years of industrial experience, helping clients to manage and resolve their disputes. As Associate Professor, Andrew leads the Construction Law Research Cluster University of Strathclyde and has written numerous articles dealing with the legalities of the construction process. He is also Coordinator of W113 Law and Dispute Resolution Working Commission for the CIB (International Council for Research and Innovation in Building and Construction) and has published research monographs on Court-Connected Construction Mediation Practice and Alternative Dispute Resolution in the Construction Industry. Andrew is a Certified Mediator, specializing in Commercial and In-Court Mediation.
We are grateful to Makarand (Mark) Hastak who has organised the series for Purdue’s faculty and students in the Construction Engineering and Management area, and, as CIB President, he would like to offer this as a CIB seminar series to all our members.
