Mediation of Construction Disputes in Zimbabwe

Mediation is a confidential, facilitative and voluntary process in respect of which a neutral third party known as a Mediator is appointed to assist parties in exploring the resolution of a dispute. Clause 69.2 of the Zimbabwe General Conditions of Contract for use in connection with Works of Civil Engineering Construction Fourth Edition (1984) ZGCC.4 provides for mediation of construction disputes in Zimbabwe.

Mediation of construction disputes in Zimbabwe is available in two instances in terms of the Zimbabwe General Conditions of Contract ZGCC.4. Firstly, where an Engineer fails to give a decision in respect of a dispute or difference referred to him or her in terms of Clause 69.1 of the General Conditions of Contract ZGCC.4 for a period of 28 days after being requested to do so.

Secondly, mediation of construction disputes in Zimbabwe is available where either the Employer or the Contractor is dissatisfied with any such decision of the Engineer. In such case, either the Employer or the Contractor may within 28 days after receiving notice of such decision or within 28 days after the expiration of the 28 days (as the case may be), propose that the matter be referred for mediation, without legal representation to a mediator, at a place and time to be determined by the mediator.

Where the parties fail to agree on the selection of a mediator, the mediator will generally be selected by the President for the time being of the Zimbabwe Institution of Engineers.