Home Main Activites Safety management of construction projects Secretariat of the Specialized Committee for Conciliation of Building Disputes

Secretariat of the Specialized Committee for Conciliation of Building Disputes

Purposes of the organization

For settling various types of disputes through mediation or adjudication between building construction-related parties, relevant engineers, or nearby residents who sustain damage in the course of building construction work related to building construction, etc.

Key duties

  • Committee
    • The Specialized Committee for Conciliation of Building Disputes mediates or adjudicates the following disputes pursuant to Paragraph 1, Article 88 of the Building Construction Act:
    • Disputes between nearby residents sustaining damage from the relevant building construction (“nearby residents” hereinafter) and parties related to the building construction
    • Disputes between related engineers and nearby residents
    • Disputes between building construction project parties and related engineers
    • Disputes among/between building construction project parties
    • Disputes among/between nearby residents
    • Disputes among/between related engineers
    • Other disputes provided under the statutes
  • Secretariat
    • Administration based on mediation or adjudication
    • Investigation, analysis, or inspection of facts required for mediation or adjudication
    • Clarification of causal relationships required for mediation or adjudication
    • Development of mediation or adjudication manuals
    • Statistics or counseling on mediation or adjudication
    • Other administrative services deemed necessary by the Chair

“Mediation” refers to the settlement of civil disputes related to building construction and similar projects appositely based on reason (nature of things and matters) through mutual understanding based on a procedure that is simpler than litigation. It may be requested by one or more parties related to the case.

“Adjudication” refers to the settlement of disputes related to building construction by legal judgment based on facts obtained through investigation or inquiry or interrogation. It may be requested based on an agreement between the parties.

Chart of Mediation Procedure

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  1. Receipt of case
    • When formal requirements are not satisfied:
      • Defects correction order (request returned)
  2. Notice of receipt
    • Claimee notified of case receipt
  3. Request to claimee for answer
    • Reply submitted within 10 days
  4. Opinions collected (as required)
    • When there are stakeholders, government agencies concerned, etc.
  5. Agreement recommended (as required)
    • Parties attend and make statements, and amicable agreement is recommended (including cases wherein the responsible parties are clear)
  6. Facts investigated (as required)
    • Site investigation (by investigators) Opinion stated by reference witnesses
  7. Voluntary mediation (Mediation Committee)
      • Parties attend and make statements, and amicable agreement is recommended
      • Mediated considering the outcome of fact investigation
    • Completion of mediation (scheduled)(When agreement recommendation is accepted)
  8. Appraisal, diagnosis, or tests performed (as required)
    • When appraisal, diagnosis, or test needs to be performed by expert agencies
    • Cost sharing is determined based on an agreement between the parties
    • Determined by the Committee if not agreed upon
  9. ex officio mediation (by the Mediation Committee)
    • When agreement is refused in the official mediation process
    • Consultation case approved (5,7) → Mediation award issued
    • When other ex officio mediation is required
  10. Mediation proposal presented (after mediation is completed)(Rejected by parties)
    • Mediation failure
    Accepted by parties
  11. Completion of mediation
  12. Delivery of mediation award

Chart of Adjudication Procedure

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  1. Receipt of case
    • When formal requirements are not satisfied
      • Defects correction order issued(request returned)
    • When the case may duly be referred to mediation
      • Referred to mediation(Mediation Committee)
  2. Notice of receipt
  3. Opinions collected (as required)
    • When there are stakeholders, government agencies concerned, etc.
  4. Agreement recommended (as required)
    • Parties attend and make statements, and amicable agreement is recommended(including cases wherein the responsible parties are clear)
  5. Facts investigated (as required)
    • Site investigation (by investigators) Opinion stated by reference witnesses
  6. Voluntary mediation (Adjudication Committee)
      • Parties attend and make statements, and amicable agreement is recommended
      • Mediated considering the outcome of fact investigation
    • Completion of adjudication (scheduled)(When agreement recommendation is accepted)
  7. Appraisal, diagnosis, or test performed (as required)
    • When appraisal, diagnosis, or test needs to be performed by expert agencies
    • Cost sharing is determined based on an agreement between the parties
    • Determined by the Committee if not agreed upon
  8. ex officio adjudication (Mediation Committee)
    • When agreement is refused in the official mediation process
    • Consultation case approved (4,6) → Mediation award issued
    • When other ex officio mediation is required
  9. Presentation of adjudication terms (after adjudication is completed) Rejected by parties
    • Adjudication failure
    Accepted by parties
  10. Completion of adjudication
  11. Delivery of adjudication award