在政府採購法施行前，仲裁與訴訟是解決公共工程契約紛爭之主要途徑，政府採購法施行後，增加履約爭議調解之條款（政府採購法第85條之1）。 2007年7月4日修法後之政府採購法第85條之1第2項規定：「前項調解屬廠商申請者，機關不得拒絕；工程採購經採購申訴審議委員會提出調解建議或調解方案，因機關不同意致調解不成立者，廠商提付仲裁，機關不得拒絕。」引發各界熱烈討論。 因此，公共工程爭議之特性與解決途徑，包括工程爭議之類型與態樣、公共工程爭議之解決途徑亦即調解與仲裁等之探討，非常熱烈。 此時本文重點亦放在調解與仲裁之結合，包括回歸採購法緣由、修法沿革、「先調後仲」之意義與類型、先調解後仲裁與其他相類似紛爭解決程序之辨析、先調解後仲裁之優缺點。其中，「先調後仲」相關問題之探究，包括先調後解後仲裁程序於我國公共工程糾紛實務上之應用、關於工程仲裁前置程序之問題、政府採購法第85條之1第2項是否具有「溯及既往」之效力、政府採購法第85條之1第2項是否為「強制仲裁」，均值得研究。

Before the execution of the Government Procurement Act, arbitration and litigation are the principal way of the resolution of the public construction. After the execution of the government procurement act, it is to increase a clause to perform contract for mediating dispute (the government procurement act article 85-1 section 2). The government procurement act article 85-1 section 2 was amended in 4th July, 2007 to stipulate: "In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the entity may not object to such application. When the mediation suggestion or proposal is brought by CRBGP for the construction procurement, referring to disapprove the entity so that they don't come into existence. The application for arbitration referred to in the preceding paragraph is made by the supplier, the entity may not object to such application." It solicited enthusiastically to discuss all of us. Therefore, the characteristic and the settlement way of the public construction dispute, included the type and the classification of the public construction dispute, the settlement way of the public construction dispute, that is to say, many people like to probe into the mediation and arbitration. For this reason, the point of this chapter emphasize the combing of the mediation and arbitration, including to return the cause of the government procurement act, the past history of the amended law, the meaning and the type of the "first Mediation later Arbitration", to tell apart the preceeding of the similar dispute settlement from "first Mediation later Arbitration", the advantage and the defect of the "first Mediation later Arbitration". Furthermore, this chapter will explore to relative problem of the "first Mediation later Arbitration", including application of the practicing law of the "first Mediation later Arbitration" in the public construction, the problem of the concerning of the preceding procedure of the construction arbitration, whether the government procurement act article 85-1 section 2 remount effect or not, whether the government procurement act article 85-1 section 2 is compulsive arbitration or not.