The construction industry in Quebec is marked by the complexity of projects, the involvement of multiple stakeholders, and the frequent occurrence of disputes. Mediation, as an alternative dispute resolution mechanism, plays a critical role in resolving these conflicts efficiently and collaboratively. This memoir investigates the distinctions between legal professionals (lawyers) and construction professionals (engineers) acting as mediators in constructionrelated conflicts. The study aims to understand how the professional backgrounds of mediators influence their approach to conflict resolution, their mediation styles, and the overall success of the mediation process.
Through a qualitative phenomenological approach, data was collected via semi-structured interviews with ten mediators from Quebec, each having a background in either law or construction. The study delves into their experiences, techniques, and philosophies of mediation, comparing how these elements differ based on their professional training and field of expertise. The research also examines the impact of professional identity on the perceived impartiality, equity, and effectiveness of mediators, highlighting the different problem-solving strategies employed by legal and construction professionals in mediation.
The results reveal that legal mediators often adopt a mixed approach, focusing on legal frameworks, rights, and formal procedures, while construction professionals tend to utilize a facilitative approach, leveraging technical knowledge and fostering collaboration. These divergent approaches reflect not only the nature of their expertise but also their perspectives on achieving fair and sustainable resolutions in complex construction disputes.
This study provides a comprehensive analysis of how the mediator's profession influences the mediation process, offering insights into the strengths and challenges each type of mediator brings to the table. The research concludes with practical recommendations for enhancing mediation practices in the construction sector, suggesting that a hybrid model incorporating both legal and technical expertise could improve outcomes. The findings contribute to the broader literature on mediation and offer valuable implications for policymakers, construction professionals, and legal practitioners engaged in conflict resolution in Quebec’s construction industry.
| Date | 11 May 2025 |
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| Original language | French |
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| Awarding Institution | - École de technologie supérieure
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| Supervisor | Éric Lachance-Tremblay (Supervisor) & Shana Chaffai-Parent (Co-supervisor) |
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Gauvin, S. (Author),
Lachance-Tremblay (Supervisor) & Chaffai-Parent (Co-supervisor),
11 May 2025Student thesis: Master's thesis › Master in Engineering: Construction Engineering