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BDAV Mediation of Disputes

It is with some considerable pride that the membership of the Building Designers Association of Victoria can demonstrate a track record of rarely finding themselves involved in commercial disputes.

Indeed, there is no identifiable trend of consumer concern in the design sector in which building designers and draftspersons operate. There have also been very few instances of Building Designers appearing before the Building Practitioners Board on allegations of unprofessional conduct.

However, that does not mean that, from time to time, something does not go awry in the relationship with the client. To that end, the BDAV is prepared to assist BDAV members and their clients in the resolution of a dispute by a process of MEDIATION.

The process of mediation requires, in the first instance, the consent of both parties and a willingness to participate.

However, it is important that the respective parties understand the process of mediation as administered by the BDAV.

The primary purpose of mediation involves helping people to decide for themselves, and can really only work best in cases where both parties are interested in having the conflict resolved. Therefore, the mediation process is not about helping the parties by deciding for them, which is the process of litigation or arbitration, but rather about inducing mutual trust and understanding that will enable the parties to work out their own rules

It is important that the parties genuinely wish to work towards a resolution of the dispute and, therefore, the parties should represent themselves. No legal representation is permitted at the BDAV mediation process.

The mediation is normally co-ordinated and conducted by a BDAV office-bearer or a member of the BDAV’s Committee of Management and the BDAV’s Executive Officer in conjunction with the two parties.

We hope that you never have cause to rely upon our services in this area, but if you do have any concerns regarding the relationship with one of our members, please do not hesitate to contact the Association.