Cao, N and Cheung, S O (2025) The value of voluntary participation in construction dispute mediation. Engineering, Construction and Architectural Management, 32(2), pp. 1229-1253. ISSN 0969-9988
Abstract
Purpose: Voluntary participation (VP) has been identified as one of the characterizing features of mediation. This study aims to examine the value of VP in construction dispute mediation from two perspectives. Firstly, is VP a prerequisite of successful construction mediation. Secondly, does power asymmetry (PA) between the contracting parties marginalize the value of VP in fostering the use of mediation to resolve construction disputes. Design/methodology/approach: Constructs of VP, PA and prerequisites of successful mediation were first developed. Principal component factor analysis was performed on data collected from the construction dispute resolution community to explore the underlying structure of the constructs. The relationships between the constructs were tested by structural equation modelling. Findings: VP is found to be an important attribute of successful mediation. PA is also found to be inherent in construction contracting. This study identified three forms of PA: Resource, Information and Expectation. Moreover, this study found no conclusive empirical evidence to support that PA would marginalize the value of VP in fostering an attempt to construction dispute mediation. It is suggested that VP shall remain one of characterizing features of mediation. Practical implications: The users, mediators and the judiciary should be aware of the importance of VP in mediation, irrespective of the use of mediation is contractual or court-encouraged. Although the presence of PA between the disputing parties, through participating voluntarily and ensuring the mediation process is flexible and fair, the chance of achieving a settlement would be enhanced. Originality/value: VP has been viewed as one of the fundamentals of mediation. This study empirically supported this design concept. Furthermore, PA in construction contracting can be expressed as disparities in resource, information and expectation. Their existence presents no significant barrier to attempt of mediation. The flexible approach of mediation has been instrumental in overcoming the paradox between VP and PA. This study affirms the positive value of VP in fostering the use of construction dispute mediation.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | flexible procedures; information and expectation disparities; power asymmetry; resource; voluntary participation |
| Index terms: | mediator, contracting party, presence, factor analysis, disparity, resolution, construction dispute, mediation, structural equation modelling, judiciary, methodology, evidence, paradox |
| Subjects: | conflict resolution, statistical analysis, dispute resolution, social theory and frameworks, research methods, social justice, evaluation and assessment methods, practitioner, legal systems, environmental science |
| Topics: | Research Practice, Roles and Professions, Stakeholder Management, Sustainability, Legal Issues, Ethics |
| Descriptive scope: | 4 PCTA |
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