www.lexpert.ca 19
work, says Craig Ferris, a partner at Lawson
Lundell LLP and former president of the
Law Society of British Columbia. Ferris had
a US-based client, a multinational company,
tell him he would not enter a Canadian
contract without an arbitration clause
because the Ontario civil delay they expe-
rienced in one case was the worst they had
seen anywhere in the world.
Parley says mid-project mediation is oen
the best way to keep a project on track while
allowing some resolution. at resolution
can be on an interim or a final basis – usually
a mix of the two, with some aspects deferred
to another day – depending on the dispute's
nature. He says this will oen involve
schedule and financial relief that will allow
parties to move forward without a final
adjudication on all aspects of the dispute.
"at mediation process is helpful and
oen the best way forward," says Parley.
"It requires counsel who understand the
imperative of keeping the project moving.
It requires a mediator who understands the
nature of the project and oen some of the
technical issues arising on a given project.
"So, the right selection of counsel and
mediators play a big
part in the success of a
mid-project mediation."
Mediation's success
record for disputes that
have ripened to the
point of sufficient infor-
mation exchange is "in
the order of 90 percent,"
says Reynolds. "A medi-
ator is, in essence, the
Lone Ranger, a diplomat extraordinaire who
manages to work with the parties to achieve a
consensual resolution.
"For folks who would rather not enjoy
the experience of a full trial of their dispute
or full arbitration of their dispute and do
appreciate the benefits of confidentiality,
CONSTRUCTION PROJECT
TIMELINES
"[MID-PROJECT DISPUTE RESOLUTION]
ACTUALLY RESUSCITATES THE DNA OF
COOPERATION BETWEEN THE PROJECT
PARTICIPANTS"
Bruce Reynolds
SINGLETON URQUHART REYNOLDS VOGEL LLP
*Source: Bruce Reynolds and Andrew Parley
2–2.5 years: Time to build typical mid-
sized construction project
5–7 years: Time to build major
infrastructure project
12–18 months: Wait for booking
multiple days in court to hear
construction dispute
