The Special Commission on Construction: in case of dispute, think of mediation!
Estimated time to read this article2 min
Date of publication14 September 2022
Author(s)Thomas Braun, Alexia Faes
The construction sector is a permanent mediation. Contractors, suppliers, site managers, all of them have to engage in constant dialogue to find pragmatic solutions to possible conflicts.
The event “Construction & Mediation into the wild”, organised by Simont Braun and the Federal Mediation Commission on 31 August at Pairi Daiza, was the perfect opportunity to present the Special Commission on Construction to the various players in the construction world.
Recently created by the Federal Mediation Commission, the Special Commission on Construction has the mission to promote mediation and its benefits in the construction sector.
In this particular sector, it is essential to find quick, efficient, tailor-made and inexpensive solutions, while preserving professional and human relations. Mediation is therefore the ideal way of resolving conflicts… but it is still not used enough.
What is mediation?
Mediation is a confidential and voluntary process by which disputing parties turn to an independent, impartial and neutral third party to help them find a lasting and comprehensive solution to their dispute.
The structure of mediation, which consists of different successive stages, offers the parties a framework that is reassuring, but sufficiently flexible to adapt to the needs and specificities of the dispute and the parties involved. Respecting this process also limits the costs and duration of the mediation, which is a significant advantage.
Confidentiality, which is essential to the creation of a climate of trust favouring a free and transparent exchange between the parties, also ensures that the rights of each of them are safeguarded in the event of subsequent legal proceedings.
A confidential, tailor-made and inexpensive alternative dispute resolution process
Mediation offers many advantages, such as speed, low cost, active involvement of the parties, empowerment of the parties, confidentiality of the procedure, creativity of the solution and future orientation of the process.
In order for mediation to become the rule and not the exception, a change of mentality is essential and awareness of its many advantages is necessary. This is precisely the mission of the Special Commission on Construction.
The mission of the Special Commission on Construction
At the event on 31 August, the Special Commission on Construction announced that it has achieved its first objective: to draw up a list of mediators specialised in construction matters. This list will allow everyone to easily find a mediator who understands the jargon of the sector and who can help the parties to find an adequate and constructive solution.
Simont Braun has always been an advocate and player in the mediation process. The creation of the Special Commission on Construction, of which Thomas Braun is an active member, is therefore an excellent initiative for the construction sector. We will of course keep you informed about its initiatives and progress!