Efficacy of trust-building tactics in construction mediation

Yiu, T W and Lai, W Y (2009) Efficacy of trust-building tactics in construction mediation. Journal of Construction Engineering and Management, 135(8), pp. 683-689. ISSN 0733-9364

Abstract

Distrust hinders disputing parties and mediators from achieving mediation success. Mediators therefore often use different trust-building tactics to generate some degree of trust in themselves and in the mediation process. This paper reports a study that identified the trust-building tactics used by construction mediators and examined the efficacy of these tactics with respect to their outcomes. Three study stages were designed. With reference to the mediation model of Sloan (1998), trust-building tactics and outcomes were first identified in Stage I. Next, the data were collected from accredited mediators with a questionnaire survey in Stage II. The collected data were then validated via reliability assessments in Stage III. With the use of multiple regression analyses, the efficacy of the trust-building tactics was examined by relating these tactics to their outcomes. The findings of this study suggest that the trust-building tactics used in Step 4 (i.e., explore interests) of Sloan's (1998) mediation model are influential in developing trust among disputing parties and that they can also act as a time-saving tool in the mediation process. Furthermore, it was found that mediators can earn trust by adopting the trust-building tactics used in Step 3 (i.e., issues and trust) of Sloan's (1998) model. These tactics can also serve to improve the relationships between the disputing parties. The results show that the trust-building tactics used in the final step (i.e., solutions) of Sloan's (1998) model seem to have low efficacy in developing trust among disputing parties.

Item Type: Article
Uncontrolled Keywords: construction management; contracts; dispute resolution; mediation
Index terms: resolution, dispute, mediator, multiple regression analysis, trust-building, questionnaire, construction mediator, survey, mediation
Subjects: statistical analysis, conflict resolution, psychology, dispute resolution, data collection methods, profession
Topics: Legal Issues, Organizational Design, Research Practice, Stakeholder Management, Roles and Professions
Descriptive scope: 4 PCEA

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here