The benefits of mediation

摘要

ASPIN off of tougher economic and trading circumstances is that tunnelling and trenchless construction contractors are placed in a position where they have to fight even harder to win contracts just to survive. Over and above this is the importance of getting cash in the bank as quickly and efficiently as possible. But what happens when problems arise? Companies often do not have the resources to finesse relationships and manage differing perceptions. Parties seek to enforce their rights to preserve their positions. Contracts may be suspended or altered. Business relationships may become strained. Employee/employer relations are stretched to the limit. Litigation often ensues. Many perceive this as the best alternative to a situation nobody really wants to find themselves in and critically key relationships, which are the life blood of commerce, are saved. However, there must be a better way. Litigation is certainly very effective, but instructing lawyers is always going to incur a cost. The cost of this 'distress purchase' should never be the deciding factor. The key driver should be identifying the preferred outcome and weighing this against the relevant risks in pursuing the respective courses of action. Mediation enables parties to consider practical commercial solutions beyond those that a court can order.