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International Commercial Mediation

Page 25 3 NEW DEVELOPMENTS IN MEDIATION The use of mediation in construction projects is changing. Usually construction projects do not provide for mediation in the typical sense, i.e. it is not mentioned in the underlying contract and if used at all it is used prior to litigation. There have, however, been a few attempts to introduce mediation into construction projects at the start of the project and continuing throughout the project until after completion. There have also been attempts to write project-specific clauses into construction contracts, which will mandate mediation should a dispute arise and/or to make it a prerequisite before any litigation/arbitration is commenced.

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