Mediation in commercial construction dispute resolution

Who will conduct the research?

• Peter Fenn, University of Manchester
• Obuks Ejohwomu, University of Manchester

What is the purpose of the research?

Mediation is now an established part of dispute resolution in the construction industry however there is little or no empirical evidence of when it takes place.

We seek to find:

• When does it take place?
  • During the duration of the contract/post contract completion
  • Agreeing the Final Account
  • Pre Action-Protocol Process
  • During the proceedings
  • "Just before" trial
• Why dos it take place when it does?
• Is this too late?
• Are significant costs already spent?
• Why do parties not mediate in real time?

What would I be asked to do if I took part?

You would be asked to complete an anonymous online questionnaire hosted on Qualtrics.

The questionnaire is very brief [just maximum ten questions] will take 5-10 mins to complete and asks questions about the use and timing of Mediation in Dispute Resolution).

Please note, the questionnaire/survey will not collect your IP address.

Will I be compensated for taking part?

We are sorry but there is no compensation for taking part.

What happens if I do not want to take part or if I change my mind?

It is up to you to decide whether to take part. If you do decide to take part, you can keep this information sheet and will be asked to tick a box to confirm consent. If you decide to take part, you are still free to withdraw at any time without giving a reason and without detriment to yourself up until the point that you submit your online responses. It will not be possible to remove your data from the project once you have submitted your responses as they are collected anonymously, and we will not be able to identify your specific data. This does not affect your data protection rights. If you decide not to take part, you do not need to do anything further.

For detailed information about how we plan to use and store the information that you share with us, please read our Data Protection, Confidentiality and Further Details page.

If you have any queries about the study or if you are interested in taking part, then please contact the researcher(s) Peter Fenn and Obuks Ejohwomu.

Will my participation in the study be confidential?

In accordance with data protection law, The University of Manchester is the Data Controller for this project. This means that we are responsible for making sure your information is kept secure, confidential, and used only in the way you have been told it will be used. All researchers are trained with this in mind, and your data will be looked after in the following way.

All information gathered for this questionnaire/survey is anonymous and data will be held on secure University of Manchester computer systems and NOT held or transferred to other sites or devices (including transcription services).

Data will be stored for five years and then permanently destroyed.

Data will NOT be shared with any other organisation.

Will the outcomes of the research be published?

Is anticipated that outcomes and will be published in academic journals and online (i.e. blogs, websites, or social media). Unfortunately, participants will NOT be informed of the findings since their data will not be held, but if you are interested in receiving the findings then please email Peter Fenn or Obuks Ejohwomu.

Will my information be shared with others?

No information will be shared.

Will my information be put into an archive?

No data will be placed in an archive.

Auditing and Monitoring

Please also note that individuals from The University of Manchester or regulatory authorities may need to look at the data collected for this study to make sure the project is being carried out as planned.

Contact details for complaints

If you have a complaint that you wish to direct to members of the research team, please contact: Peter Fenn and Obuks Ejohwomu.

If you wish to make a formal complaint to someone independent of the research team or if you are not satisfied with the response you have gained from the researchers in the first instance, then please email the Research Ethics Manager or contact by telephone on 0161 306 8089.

If you wish to contact us about your data protection rights, please email dataprotection@manchester.ac.uk.

You also have a right to complain to the Information Commissioner's Office about complaints relating to your personal identifiable information, please contact by telephone on 0303 123 1113.