Zimbabwe Institution of Engineers List of Accredited Mediators

The objective of mediation in respect to construction disputes in Zimbabwe is essential to seek a mutually acceptable settlement of a difference or dispute between an Employer, Engineer and Contractor in connection with or arising out of a construction contract.

The President of the Zimbabwe Institution of Engineers maintains a list of accredited mediators. However, there does not appear to be any Mediation Rules in Zimbabwe for the resolution of construction disputes. Generally, mediation is carried out under an administering institution, which will coordinate the process and may provide facilities, case management services and procedural oversight as necessary. This, however, is not the case in Zimbabwe as the role of the President of the Zimbabwe Institution of Engineers is merely to appoint suitable mediators where parties fail to agree on a suitable mediator.

The Zimbabwe General Conditions of Contract ZGCC.4 are the contractual foundation upon which the mediation will proceed. The mediator has a wide discretion to determine whether the reference to him or her should be by way of written or verbal representations. The Supreme Court in Jensen v Acavalos 1993 (1) ZLR 216 (SC) 229 made the following observations:

“Professor MacKechnie (the mediator) met both parties and in the presence of each other agreed that the mediation be conducted by each party submitting points of argument in writing as well as having the right to make oral submissions in expatiation or explanation of questions raised.”