Mediation continues to grow in popularity in the Korean market as an alternative (and complementary) form of resolution of large and complex international construction and engineering disputes.

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Mediation adopts various forms and can mean very different things depending on which jurisdiction it is being conducted in, where the participating parties and mediator are from and the nature of the dispute. 

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The interaction of the parties’ often different legal and cultural backgrounds and expectations from mediation with the usual tensions of high-value and complex claims presents a number of challenges, but also opportunities, for the resolution of construction and engineering disputes by mediation.

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Drawing from their experience as legal representatives, commercial leads and forensic experts in supporting clients in mediation the members of the panel will explore and discuss those challenges and opportunities – including:

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• What is mediation and how does it normally work?

• Do all types of construction and engineering disputes lend themselves to mediation?

• When is the best time to attempt mediation?  Is compulsory mediation effective?

• How to build a ‘winning team’, including the selection of the right mediator for the dispute and the parties.

• How best to prepare and present your position at mediation.

• Working with the mediator (and each other) to identify a route to settlement.

• Ensuring a durable and enforceable settlement.