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Architecture

Student’s Name

Institutional Affiliation
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Introduction

Construction has been a major factor in Hong Kong as it works to improve the region's

infrastructure and ensure that it promotes the country's growth. However, the industry has not

been immune to disputes that might arise due to various reasons. Some of the construction issues

involve factors such as increased competition among contractors and the complex nature of

current construction projects. These issues tend to be gauged on the factor of severity.

Nonetheless, the problem has resulted in the formulation of a method that promotes a different

approach to solving these disputes.

Mediation being a non-confrontational and nonbinding dispute resolution process, has

been widely used in solving Hong Kong construction disputes (Chau, 2007). It is widely created

on two branches, facilitative and evaluative mediation. These processes present a divergent

method of ensuring that disputes are solved systematically. Besides, the Hong Kong government

takes the process as a prerequisite to ending or solving disputes (Chau, 2007). Therefore, it

creates the rules to be followed by various systems to ensure that the issues are solved. For

instance, the rules demand that a mediation process be initiated when a claimant presents their

case by writing to the other party and sending a copy to the Hong Kong International Arbitration

Center (HKIAC).

Mediation is widely adopted since it establishes the platform to solve an issue in a time-

sensitive manner (Chau, 2007). It presents the chance for both parties to avoid costly legal

procedures. Besides, it offers the chance to approach the matter without the legal limits that

might hinder providing a solution that favors both parties (Chau, 2007). The advantageous basis

of the process creates an overview of why the Hong Kong government has encouraged mediation

and created HKIAC to act as the body of ensuring mediation follows a certain rule.
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Conclusion

Evaluative mediation and facilitative mediation act as good channels that can enhance the

process of dispute resolution. Both mediation designs are appropriate since they are widely

applicable in different situations. The facilitative mediation creates itself on the originality of

mediation as it seeks to offer the negotiation platform between conflicting parties. It enables both

parties to be in control of the mediation process to find the best solution. Therefore, it makes it

less traumatic and acts as an effective means of reaching an equitable settlement. However, since

the process tends to create the dispute resolution process from all backgrounds, legal, mental,

and unity, the process can be annoying when it is affected by a lack of interest among one of the

parties. It, therefore, limits the party that requires a swift and clean solution. Evaluative

mediation is significantly concerned with reaching a deal. It approaches the mediation process in

the context of the expected court outcome but not the parties' interest. Therefore, it is

advantageous to a party that wants a conflict to be done as soon as possible. Also, a participant

has the right to back out if the mediation does not match the party’s opinion. However, the

disputes might not be solved in the interest of both parties. Nonetheless, both methods are

flexible to serve different kinds of disputes and interest.

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Reference

Chau, K. (2007). Insight into Resolving Construction Disputes by Mediation/Adjudication in

Hong Kong. Journal Of Professional Issues In Engineering Education And

Practice, 133(2), 143-147. https://doi.org/10.1061/(asce)1052-3928(2007)133:2(143)