Leung, R H M and Hui, B T F (2020) Success in construction mediation in Hong Kong, China. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 173(3), pp. 114-119. ISSN 17514304
Abstract
In construction mediation, there is a spectrum of mediating approaches and various schools of thought for mediation strategies. Among which, it is controversial whether the mediator should adopt a proactive approach, such as evaluating the case or proposing solutions. Furthermore, it is contentious whether the success rate of the mediation will be higher when the mediator has a construction background. In this paper, the authors attempt to summarise the points of view of various stakeholders, from mediators to industry representatives. The authors conducted 31 interviews with experienced construction mediators, top management of contractors and advocates of various mediating approaches. According to the results, both the process and outcome of the construction mediation can be considerably enhanced if the mediator is experienced in construction. Such advantages can be 'passive' (i.e. enhanced understanding of the cases, clearer issue identification, enhanced communication etc.) and at the same time 'proactive' (i.e. construction mediators' capability to evaluate the case from a technical angle, to propose solutions and to guide the parties involved). Despite concerns about evaluative approaches, the interview results illustrate that a significant proportion of stakeholders in the construction industry expect mediators to be able to mediate using evaluative approaches.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracts & law; disputes & arbitration; project management |
| Index terms: | dispute, Hong Kong, mediator, arbitration, project management, construction industry, construction mediator, strategy, mediation, interview, China, top management |
| Subjects: | management, project management theory and practice, industry analysis, data collection methods, profession, dispute resolution, Geography |
| Topics: | Organizational Design, Roles and Professions, Business Strategy, Research Practice, Legal Issues, Project Management, Geographical Context |
| Descriptive scope: | 4 PCTE |
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