Confidential and voluntary dispute resolution with qualified mediators.
Mediation is a structured, confidential, and voluntary process in which disputing parties seek to resolve their conflict with the assistance of a neutral and independent third party, known as a mediator. The mediator facilitates dialogue, assists parties in identifying issues, exploring options, and supports the parties in reaching a mutually acceptable settlement agreement.
Mediation is non-adjudicative — the mediator does not impose a decision, determine rights, or make binding determinations. The outcome is determined by the parties themselves through negotiation and agreement.
CACAP serves as an appointing body for mediators in construction and infrastructure disputes throughout the Asia-Pacific region. Where parties seek assistance in appointing a mediator, or where their contract designates CACAP as the appointing authority, the Centre facilitates the nomination and appointment of qualified, independent, and impartial mediators.
The Centre maintains a panel of experienced mediators with expertise in construction disputes, contract negotiation, and facilitation techniques.
Once a mediator is appointed, the mediation proceeds independently. The Centre does not administer mediation proceedings. All procedural arrangements are managed directly between the parties and the appointed mediator.
CACAP's appointment process for mediation follows a similar structure to other dispute resolution services. The process commences when parties submit a request for the appointment of a mediator to the Centre. The request should include details of the dispute, any agreed qualifications or selection criteria, and disclosure of any potential conflicts of interest.
The Centre reviews its panel to identify candidates whose qualifications and experience match the requirements of the parties. Conflict checks are conducted to ensure independence and impartiality. The Centre then proposes suitable candidates to the parties for their consideration and agreement, or directly appoints the mediator where authorised.
Upon appointment, the Centre issues formal confirmation, and the mediator assumes responsibility for conducting the mediation. The mediator works with both parties to facilitate constructive dialogue and negotiation.
All procedural arrangements, including scheduling of sessions, management of communications, and conduct of mediation, are managed directly between the parties and the appointed mediator. If a settlement is reached, the parties execute a settlement agreement. If mediation does not result in settlement, the parties may pursue other forms of dispute resolution such as arbitration or litigation.
The Centre does not administer the mediation proceedings or participate in the substance of the dispute. The Centre's involvement concludes upon appointment, unless further appointment functions are required.
Centre rules, model agreements, and practitioners guides are available on request. Please contact the Centre.