The Suitability of the Use of Mediation in the Settlement of Construction Disputes in Malaysia

Nur Ezan Rahmat, Nazirah Abdul Rahim

2018

Abstract

Construction projects are increasingly complex, resulting in complex contract documents. Complex construction projects can likewise often result in complex disputes, which mainly arise from the intricacy and magnitude of the work, multiple prime contracting parties, poorly prepared and/or executed contract documents, inadequate planning, financial issues, and communication problems. Traditionally, resolving construction disputes were predominantly relied on adversarial approach. The result is often leads to delay and cost, not to mention escalation in the maintenance of a harmonious relationship between parties. In the Malaysian construction industry, the present practice of Alternative Dispute Resolution (ADR) is focusing mainly on arbitration and most recently adjudication. However, with mediation clauses regularly incorporated into the standard forms of construction contracts and the introduction of Malaysia Mediation Act 2012, mediation is also set to be one of the main mechanism in resolving construction disputes in Malaysia. This article highlights the application of mediation as an alternative route in construction dispute resolution in major construction standard form of contracts in Malaysia. It is also aims to give the readers an overview of the suitability in application, advantages and disadvantages of mediation in construction dispute

Paper Citation

in Harvard Style

Rahmat N. and Rahim N. (2018). The Suitability of the Use of Mediation in the Settlement of Construction Disputes in Malaysia.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 118-124. DOI: 10.5220/0010054001180124

in Bibtex Style

@conference{i-nlac18,
author={Nur Ezan Rahmat and Nazirah Abdul Rahim},
title={The Suitability of the Use of Mediation in the Settlement of Construction Disputes in Malaysia},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={118-124},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010054001180124},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - The Suitability of the Use of Mediation in the Settlement of Construction Disputes in Malaysia
SN - 978-989-758-482-4
AU - Rahmat N.
AU - Rahim N.
PY - 2018
SP - 118
EP - 124
DO - 10.5220/0010054001180124