Mediations To Be Conducted Under The CIDB Mediation Rules
Mediators, who are members of the CIDB Panel of Accredited Mediators need to be very well versed with the Rules.
In addition to the formation of the CIDB Panel of Accredited Mediators, the mediation provisions in the CIDB Standard Form of Contract for Building Works and the CIDB Mediation Rules provide the platform and framework to facilitate the practice of mediation to resolve Construction disputes.
The CIDB Mediation Rules provide a guideline to the processes that disputing parties need to undertake in order to initiate the Mediation Process.
CIDB has also made it a condition precedent to arbitration in their effort to assist Contractors and Clients to resolve Construction disputes more effectively and more amicably to the parties involved.
Under the CIDB Rules of Mediation, CIDB acts as an administrator for the mediation by ensuring that Mediators are duly paid their fees. CIDB will be keeping deposits from disputing parties and will pay the deposits to Mediators accordingly.
It is envisaged that Mediation would be very well accepted by the Construction Industry community in Malaysia, the reason being amicable resolution of dispute has been part and parcel of the Asian culture.
The long term benefits of maintaining social harmony through the exercise of reason and compassion are considered to be of greater value than the short term objectives of a rigid adherence to perceived legal rights and entitlements.
CIDB has since undertaken a few programs to promote the adoption of the Mediation approach to Construction Industry Players.
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