With extensive experience in the management and resolution of building and construction disputes, the BDTSA is fast becoming is fast becoming a recognised and respected entity.

The BDTSA provides nationwide services to the building and construction industry as well as members of the general public.
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Steps in the mediation process

The steps in the mediation process differs from mediation to mediation as every dispute is unique. The advantage of mediation a repute resolution method is that the parties are in charge – they dictate and give guidance as to which style of mediation should be followed. All mediators on our BDTSA mediators panel are deemed to be adequately skilled in adapting their strategies to meet the changing needs of the parties.

  • Opening Statements

    In the opening statement by the mediator, the mediator will affirm confidentiality and neutrality, explain the proceedings to be followed, explain the role of mediator. More important issued are addressed such as how to identify problems, gain agreement against disruption and verbal abuse etc. during proceedings, setting of ground rules of “agreement to Mediate” and explain the process is about designing a resolution/solution.

  • Identifying the problem

    Mediator and parties agree as to who will be heard first (commonly the complaining party.) Both parties are given the opportunity to present the nature of their dispute and how it has affected each party. Having one party peacefully and calmly listen to the other party’s side of things it can be a powerful tool to arrive at an amicable solution.

  • Seperate Meetings

    The mediator will meet the parties separately to discuss their respective stories and what they would like to gain from this mediation.

  • Joint Meeting

    The impartial mediator brings parties together and invites them to bring their side of the story to the table in a peaceful and open-minded method.

  • Identifying the issues and Agenda Setting

    The Mediator’s role is to identify the issues and core problems that form majority of the dispute. Gather these issues and problems, frame them in a simple form and confirm with both parties that these are the issues that are causing the dispute. Create and agenda and work through the issues on the agenda.

  • Finding Solutions

    Both parties work through the agenda and brainstorm solutions. During such a process, parties should get a clear understanding of what they would like the other party to do (or not to do) in the future.

  • Caucus

    (This process might not be necessary) this is a confidential, individual standalone session where the mediators has private meetings with each party to find out more than what is being said as commonly, either party may be unprepared to disclose certain information in the presence of the opposing party. This method allows you to gain all the facts from both parties. This also gives the mediator a good opportunity to gain feedback on how the mediation is going thus far as well as certain questions that either party wants answered. Use this to simplify the dispute if there is too much confusion and irrelevant information. During Caucus you can discuss settlement offers. Note: information gained from caucus is fully confidential, unless parties agree that information may be shared.

  • The Agreement

    Using plain English instead of legal jargon (legalese), an agreement must be simple and highlights all the mentioned points and solutions to those individual issues. This agreement will disclose facts, details and objectives surrounding the dispute as well as solutions and promises/conditions related to each point being negotiated. The settlement must be fair, balanced and reviewed by both parties before finalizing and signing.