When constructing an object or during the execution of construction work, unforeseen problems often arise, larger or smaller disagreements about:
Irregularities in the performance of the contract
Conflicts of interest of the parties
subsequent inquiries and changes on agreed terms
contractual ambiguities, etc.
A quick solution to the problem that will satisfy the interests of the parties
Obstacles that block the continuation of the work are removed
Working climate and interpersonal relations are improving
Business relations are maintained
The most common object of dispute, as far as construction objects are concerned, is non-payment in temporary or final cases.
After the completion of the work or during the work, the invoice is not paid, and this is the most common subject of the dispute.
A part of the dispute relates to disputes relating to poorly executed works, ie when the deficiencies have not been remedied within the guarantee period.
A certain percentage also applies to disputes involving compensation for damage caused by non-delivery of the object within the given time frame, etc."
Mediation - an elegant settlement of disputes
In recent years, mediation is being promoted as a way to overcome the dispute.
Interview with Stevo Đuranović
(Court President, Commercial Court in Belgrade)
"Unfortunately, this option is not used in sufficient quantity, it should be more frequent, especially in trade disputes, in trade matter.
Mediation works when it comes to financial problems, and we have said, are now the most common. Every construction dispute can be very elegant to be solved by mediation. These are usually distorted relationships that can easily be mediated.
Much better quality solution was obtained through mediation than through judicial decision.
No matter how good that decision is, she is always in the eye, especially in those business entities that have been referred to each other and have constant co-operation.
Then that verdict came as a coat of arms all along and it should be avoided.
I am, moreover, a supporter of this view that the court should enter only what it really has to enter the court,
and that everything else be settled through arbitration either through mediation or settlement, just to avoid the dispute. The worst variant in every story is entering a court dispute.
If entry into the courtroom, like in developed countries, had to be heavily paid, then people would have been lamented by the dispute.
Here we often have the case: I will sue you, so it will end in five years, until then who is alive and who is dead.
Unfortunately, our business mentality has gravitated to such an attitude. Earlier when the director saw that an invoice was not paid, that his company or his firm did not pay to another company, the financial director gets the dismissal.
And now, often when he sees the bill, he throws it down and says, 'It suffers me.'
The same system, the same people, but much has changed in business morale.
Outbreaks of controversy should be used
People come to court, or to a mediation center, to deal with the request.
Mediators sometimes are a court judge by force of opportunity, but have a license for mediators.
Then everything ends in a pleasant atmosphere without formal restraint. In the world, attorneys are mediators who are more experienced than attorneys who only run litigation because they are doing the job more elegantly."
Conference on Intellectual Property Conflicts in Vienna
On 2.3.2018 there was a high-profile panel in Vienna: Prof. Peter Picht (University of Zurich), Philipp Groz (Schellenberg Wittmer), Sam Granata (Court of Appeal Antwerp), David Perkins (WIPO Arbitrator and Mediator), Prof. Jacques de Werra (University of Geneva), Christian Loyau ( ETSI), Alesch Staehelin (IBM) and Claudia Tapia (Ericsson).
Consultation on Collective Redress - European Parliament
On 21 February 2018, the Legal Affairs Committee (JURI) of the EU Parliament held a hearing on collective redress mechanisms; Topics: lawyer's success fees, out-of-court dispute resolution procedures such as mediation, forum shopping.
Seventy professionals from more than 25 jurisdictions around the world brought their experience and expertise to their work, experts from governments, law firms, colleges and universities, mediation institutions and training companies.
Dr. Peter Adler
International Business Mediator
Vienna/Wien/Becs, Graz/Gradec, Zagreb
1190 Wien, Billrothstr. 86/2
mobile +43-676-3 699 699