Agapiou, A and Clark, B (2011) Scottish construction lawyers and mediation: An investigation into attitudes and experiences. International Journal of Law in the Built Environment, 3(2), pp. 159-181. ISSN 1756-1450
Abstract
Purpose – The purpose of this research is to paint a picture of the current utility of mediation in the Scottish construction sector; determine the willingness of Scottish construction lawyers to shift away from traditional dispute resolution approaches towards mediation; and ascertain the drivers towards the adoption of mediatory techniques and the barriers to change. Design/methodology/approach – Drawn from a questionnaire survey, this paper seeks to add to the dispute resolution literature by identifying the attitudes of construction lawyers on the use and effectiveness of mediation to resolve construction disputes in Scotland. Findings – The findings suggest that there is a core of Scottish construction lawyers in Scotland that recognize the promise of mediation as a useful dispute resolution tool. Respondents generally profess knowledge of the process and some measure of positive practical experience and espouse positive views on mediation. Their response to mediation then does not appear to be one of cultural conservatism or fear of the unknown as opposed to traditional dispute resolution mechanisms, which for all their imperfections lawyers understand unequivocally. Research limitations/implications – It is recognized that the introduction of mediatory techniques into construction disputes will have a cumulative effect on the Scottish legal fraternity over time. Cross-sectional studies are often unable to yield information about the direction of causal relationships between variables that are interrelated in a complex way. Neither do cross-sectional studies permit researchers to assess the effectiveness of intervention strategies. Originality/value – This is the first empirical work ascertaining the views and experiences of Scottish construction lawyers on mediation. While the research reveals evidence of a modest bottom-up growth of construction mediation in Scotland, it also provides insight into key policy issues which will require to be resolved if mediation is to move from the margins to the mainstream of construction disputing practices in Scotland.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | attitudes; dispute resolutions; lawyers; mediation; Scotland |
| Index terms: | construction dispute, resolution, effectiveness, Scotland, investigation, dispute, construction sector, evidence, questionnaire, methodology, survey, intervention strategy, lawyer, mediation |
| Subjects: | industry analysis, conflict resolution, financial risk, Geography, performance management, research methods, dispute resolution, profession, data collection methods, evaluation and assessment methods |
| Topics: | Legal Issues, Quality Management, Cost Management, Research Practice, Geographical Context, Roles and Professions, Stakeholder Management |
| Descriptive scope: | 5 PCTEA |
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