The factors influencing mediation referral practices and barriers to its adoption: a survey of construction lawyers in England and Wales

Abstract

Purpose – Following an analysis of English construction lawyers’ perceptions, attitudes and practices relative to mediation, this paper aims to offer an insight into the initial stages of the legal decision-making process, involving an examination of the degree of control construction lawyers’ exercise over the decision-making process itself, as well as an analysis of the factors that determine the decision to use mediation. The empirical work thus far focuses on the different potential barriers to mediation that typically characterize the relationship clients’ and legal advisors, addressing to divergent monetary interests, non-monetary and psychological interests and barriers in the principal–agent relationship. Design/methodology/approach – Based on a quantitative survey of legal advisors in England and Wales (n = 212), the purpose of this paper is to explore mediation, specifically the factors that support its use, barriers that hinder use and the perceptions of the efficacy and level of effectiveness ...