The Fiji Mediation Centre (FMC) is urging the construction industry to include a mediation clause in all their legal contracts.
The suggestion comes from Justice Suresh Chandra from the Fiji Mediation Centre who says while most contracts contain an arbitration clause, there is no reason why a mediation clause cannot be added.
Justice Chandra will be one of the presenters at the upcoming inaugural Construction Industry Council conference this Friday June 15th and 16th, with a trade exhibition starting a day earlier on Thursday June 14th.
“The 70 percent success rate of the Centre speaks for itself as a viable alternative disputes resolution mechanism,” he said.
He adds that for an industry where millions of investment dollars and jobs can be unnecessarily held up when disputes such as breach of contracts or non-performance arise, mediation can prove to be a highly effective tool, saving time and money and allowing the industry to focus on their core business.
Justice Chandra says similar to the “Talanoa” concept, mediation allows both parties to speak openly and come up with a resolution together, unlike in arbitration or court where one party wins and the other loses out.