Mediation

Mediation is a complex field that encompasses major areas of conflict. Dr Chern specialises in construction and engineering mediation as well as complex commercial disputes. These mediations have involved issues under a wide variety of standard forms (FIDIC, ICE (traditional and NEC), JTC, IMechE/IEE Model Form “A”, BPF/ACA, FCEC, GCWorks, ACE, HKGov, World Bank) and bespoke contracts as well. He is experienced in mediation claims dealing with structural engineering, bridges, tunnels, road works, aircraft hangers, life-safety systems, dams, and hydro-electric facilities. Mediation matters include issues such as differing site conditions, payment provisions, measurement, valuation, construction quality, design obligations, delay and disruption, time extensions, prolongation, prevention, breach of contract, contract interpretation, conflicting documentation, back-to-back agreements, scope of services, final account, price escalation, conflict of laws, concession agreements, and related matters.

Specifically he has acted on behalf of parties to mediations and also as mediator on over 303 complex construction and engineering disputes and international commercial matters of which all were settled as a direct result of the mediation process. Additionally he is a respected author and educator in the field and teaches mediation methods and techniques on behalf of the Bar Council of England & Wales, the World Bank, the IFC, and the Dispute Board Federation. His writing on the subject includes two international best sellers: ‘International Commercial Mediation’ (Informa, 2008), and ‘The Commercial Mediator’s Handbook’ (Informa–Routledge, 2014).