MY MEDIATION LOG BOOK: ‘CRACKING’ A JOINT VENTURE
Fortunate for the past months, after lifting of the MCO, I had just completed another round of mediation between a contractor and a premise owner whom property has been severely damaged on account’s of the contractor’s work of excavating a huge basement, resulted in heavy soil erosion.
The legal rights of the parties were set aside to explore needs. Through an evaluative nature, my input as an expert-mediator in the construction sectors had negotiated for one party that it is simply a waste of time, repairing the existing structure in view that, one, the land value is more expansive than the structure itself, two, the design of the building has exceeded its relevant and dis-economy of scale... it is more appropriate to actually redevelop the entire premises into multi-storey structure.
On the other party, the negotiation was central upon a collaborative partnership to jointly redevelop the land, with a portion to be given in-kind while the rest as profit sharing. The landowner will contribute its land while the contractor to contribute building the entire structure. As for the consultants, it will naturally to be considered...
The parties agreed on the suggestions and mutually agreed on the terms as in a MOU, pending further deliberation on its details... as you can see mediation leads to future cooperation, not a zero sum games of dispute resolution. Will continue with another story on mediation done, in an ad-hoc basis. At the moment, institutionalize mediation was rather at the back burner due to non incentive given by the respective parties whom aims are litigation and dispute resolutions... this is one area, Architect has an active role to play.
DYA+C is set up by Ar. DAVID YEK TAK WAI to undertake resolution of commercial disputes through ARBITRATION and ADJUDICATION, specializing in CONSTRUCTION PAYMENT DISPUTES.
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