Mediation: The Queensland Building Tribunal Experience

In 1992, the Queensland Building Tribunal was established with the specific goal of obtaining quick, inexpensive and simple resolutions to building disputes by means of mediation and/or tribunal hearings instead of the more usual form of arbitration and/or litigation used previously. This paper describes research aimed at gauging the success or otherwise of the Tribunal in achieving its goal. Two postal questionnaire were carried out, one being for those who had resolved their dispute through the mediation process and the other for those who had taken the matter to the Tribunal's hearing process for a ruling by determination. Out of 168 questionnaires despatched, a total of 61 completed forms were returned and analysed. The results are described under four headings (1) fairness and impartiality, (2) formality and expeditious, (3) credibility and public awareness, and (4) commercial reality. The majority of those surveyed thought the mediation process to be sufficiently impartial, expedient, informal and knowledgeable. In contrast, the hearing process, as expected, was perceived to be less expedient and more informal and intimidating. There are significant areas of concern over the absence of 'of right' legal representation and the reasons for settlement at the mediation stage. It is suggested that mediators receive some training or at least some guidelines are issued on the mediation process, that "duty lawyers" are made available for consultation with the parties, and that mediators may, with common consent, act as adjudicators when circumstances require.