English Abstract
Abstract :
Construction accounts for a major share of global GDP and continues to expand. They are often done in a complex and uncertain environment, with frequent disputes. Construction disputes arise when claims are not handled efficiently, economically, and expeditiously. Dispute resolution may be expensive and time-consuming. Thus, modern ADR methods must be adequately investigated to prevent long procedures, save time and money. Parties seeking a rapid, impartial, and cost-effective alternative dispute resolution procedure have several ADR options. Med-Arb, combining mediation and arbitration in a unique technique is one alternative that consists of two phases, "Med phase" and "Arb phase". If the mediator cannot resolve the matter during the “Med phase,” he or she becomes an arbitrator, performs an arbitration hearing, and issues a binding award. Although the Med-Arb approach was created decades ago, there is a study gap about the potential benefits and results of Med-Arb in Bahrain disputes, especially those involving building projects. Mixed-method strategy (quantitative and qualitative) was adopted in this research. Two tools were utilized in conjunction with one another to conduct this study: Survey Monkey and Minitab. A questionnaire and exploratory interviews were implemented to collect data. The results indicated that the more one's trust in the finality, cost-effectiveness, timeliness, confidentiality, impartiality, and competency of procedural norms to govern Med-Arb practice, the more susceptible one is to include a Med-Arb provision in future contract conditions. The recommendation implies that legal practitioners shall acknowledge that Med-Arb is a hybrid technique, a unique product that combines mediation and arbitration in a novel formation, rather than the outcome of a simple sequence of conventional mediation and arbitration (Mediation-Arbitration). Also, the recommendations suggest that despite "pure" mediation, the Med-Arbiter should be able to use information from the joint sessions throughout the arbitration phase, and the parties may opt out of this default norm by directly banning the Med-Arbiter from using mediation material in the arbitration phase after being warned that studies indicate people cannot ignore what they know. Parties must have complete trust in the "Med- Arbiter's" impartiality, as with other ADR procedures. According to the findings, Med-Arb can be considered an innovative technique for resolving disputes in Bahrain construction projects if the recommended procedures are followed.
