Challenges In The Constructıon Medıatıon

Abstract

The construction sector, unlike other sectors, can be defined as a sector where technical competencies are at the forefront, crowded in terms of stakeholders participating in the project process, and open to all kinds of external influences. Therefore, it is possible to experience disputes between the parties during construction projects.  Studies in the literature show that this rapid dispute resolution method can be mediation in terms of the construction sector. Mediation can be defined as an impartial third party entering the process and guiding the parties to resolve their dispute. Whether this complex and difficult structure of the construction sector differentiates these mediation processes from the processes of other sectors is not a subject that has been extensively researched in the literature.  In this study, which reached 38 mediators, the mediators evaluated their construction mediation processes that they have experienced. As a result of the study, it has been determined that the interest-based structure of the construction sector, involvement of multiple stakeholders in projects and the fact that the disputes in the sector are generally based on technical issues are among the challenges of the mediation processes in the construction sector.