Critical Factors for Selecting a Neutral to Support Alternative Dispute Resolution Methods in the Construction Industry

Saeb, Abdollah; Mohamed, Othman; Danuri, Mohd Suhaimi Mohd; Zakaria, Norhanim

doi:10.28991/cej-030965

Cited by 7 publications

(3 citation statements)

References 12 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…When negotiating parties have difficulty in reaching a mutual agreeable settlement, third-party neutrals are the professionals to facilitate the settling process [41,42]. The employment of third-party neutrals, such as dispute resolution advisors (DRA) and mediators, are a critical part of the dispute resolution service sector [5].…”

Section: The Caveats In Using Third-party Neutralsmentioning

confidence: 99%

Are we ready for a rational discussion? The existence of biases in construction dispute negotiation

Cheung²

2022

IOP Conf. Ser.: Mater. Sci. Eng.

View full text Add to dashboard Cite

Embedded in a network constellation of multi-stakeholders with various professional backgrounds and differing goals, the construction industry is featured with adversarial relationships and inevitable disputes. Therefore, high quality communication and negotiation among the parties are essential in achieving speedy and less costly dispute resolution. As rational evaluation underpins quality negotiation decisions, are construction disputing parties rational as they assumed? Are there any biases that could possibly prohibit them from making prudent judgement? This study seeks to understand the existence and impact of bias in construction dispute negotiation (CDN). The existence of four types of bias in CDN were discussed: preconception, self-affirmation, optimism and interest-oriented. Three categories of de-biasing strategy were also suggested to support the efficient settlement of construction dispute. Vast resources would be saved and amicable relationship among the collaborating parties could be developed when the impact of bias was curbed. Stepping into the digital era, construction dispute resolution professionals should develop the capabilities needed to harness the benefits of technologies for innovative ways of designing a bias-free dispute resolution mechanism.

show abstract

Section: The Caveats In Using Third-party Neutralsmentioning

confidence: 99%

Are we ready for a rational discussion? The existence of biases in construction dispute negotiation

Cheung²

2022

IOP Conf. Ser.: Mater. Sci. Eng.

View full text Add to dashboard Cite

show abstract

“…On the one hand, the diversified nature of conflict in construction poses major challenges to conflict management [27,62]. It has attracted scholars' interest in conflict management research based on different theories and methods, including social conflict theory [53,63], alternative dispute resolution (ADR) methods [64], hierarchical hypothesized models [65], system dynamic models [66], structural equation models [67], and evolutionary game models [68]. On the other hand, time delay is one of the primary problems that must be solved urgently in megaprojects [37].…”

Section: Overview Of Megaproject Management Researchmentioning

confidence: 99%

Megaproject Management Research: The Status Quo and Future Directions

Yuan

Wang

et al. 2021

Buildings

View full text Add to dashboard Cite

Megaproject practices worldwide have triggered increasing research in megaproject management issues and led to an increasing number of papers being published during the last decade. However, it is demonstrated by the literature that there is no systematic examination on research development in the discipline of megaproject management, and consequently it is very difficult for scholars to quickly understand and grasp the research trend. Therefore, a research question naturally comes out, i.e., what is the status quo of megaproject management research and what are the research directions worthy of further investigation? This study aims to answer the question by conducting a systematic examination of the research development in the discipline of megaproject management. A total of 117 relevant articles, identified from six major international journals between 2009 and 2021, were analyzed based on the number of papers published annually, main author contributions, citations, categorization of the research methods and data analysis methods adopted, and research topics covered. The results indicated that developed countries, such as Australia, Canada, the United States, and the United Kingdom, have enjoyed significant advantages in terms of megaproject management research. It also revealed that more sophisticated views and theory have been used effectively, rather than only basic qualitative methods, in a number of studies on megaproject management. Future studies on megaproject management will be led globally, where megaprojects will remain designed and built to better built environments. In addition, continuous in-depth research on related topics can promote innovation in megaproject management to achieve sustainable megaproject development. Megaproject management will continue to be a hot research topic in the future; in particular, megaproject investment and finance management have emerged as new challenging topics. The findings can be valuable for both industry practitioners and researchers to gain deeper understanding of the current status and future directions of megaproject management research.

show abstract

“…Along with processes such as investigation, conciliation, arbitration or litigation, mediation constitutes a third-party approach to dispute resolution. While the question of how to select an appropriate third-party process for a given case, such as a bullying case, goes beyond the scope of this paper, we note that decision frameworks have been proposed in the literature to guide affected parties and managers regarding this choice (Elangovan, 1995; Glasner, 2000; Saaty, 1990; Saeb et al , 2018). Decision methodologies, such as the Analytical Hierarchy Process Technique for Highly Eligible Negotiated Agreements (ATHENA), can help third parties in selecting, among potential negotiation agreements, those proposals that have the best chance of being accepted by adverse parties (Barchiesi et al , 2014).…”

Section: Literature Reviewmentioning

confidence: 99%

Exploring the efficacy of mediation in cases of workplace bullying

Lempp

Blackwood

Gordon

2020

IJCMA

View full text Add to dashboard Cite

Purpose The purpose of this paper is to explore the extent to which mediation constitutes an appropriate and effective intervention in cases of alleged workplace bullying. Design/methodology/approach Data was collected from 25 practising mediators in New Zealand by way of semi-structured interviews. The transcribed data was analysed by way of thematic analysis using the software NVivo11. The features of bullying cases identified as potential concerns for mediation in the literature acted as a coding framework, alongside the analytical framework for assessing dispute resolution processes developed by John Budd and Alexander Colvin. Findings A thematic analysis of the data revealed four key features of bullying experiences that mediators believed influenced the efficacy of the mediation process: emotional stability of the parties; power imbalance between the parties; insight and differing interpretations; and the impact of organisational context. Further, the analysis revealed two strategies to overcome barriers to the efficacy of mediation: considering mediation as part of a broader range of dispute resolution processes; and encouraging early low-level mediation intervention. Research limitations/implications This study only elicited the views of workplace mediators, many of whom were self-employed. Thus, the participants in the sample were likely to speak positively about the use of mediation. In part, this was helpful because the mediators spoke largely about how they made the process work allowing identification of techniques to improve the efficacy of mediation. However, future research is needed to explore the views of other parties, including parties to a bullying mediation, managers and/or human resources (HR) personnel. Practical implications Five recommendations for workplace mediators dealing with bullying cases are suggested: mediators should screen the emotional stability of the parties during the initial stages of the mediation; mediators should discuss with the parties the possibility and potential benefits of bringing along a support person; mediators should view their role more widely to influence the wider organisational contexts in which bullying occurs; informal mediation should take place before the escalation of a bullying experience; and mediators should consider completing an investigation prior to the start of the mediation. Originality/value Prior empirical studies on the efficacy of workplace mediation have not specifically investigated the use of mediation for bullying cases. This study addresses this gap in that it provides empirical support for the proposition that mediation in cases of bullying may only be appropriate under certain circumstances and that a flexible approach to mediation is required.

show abstract

Critical Factors for Selecting a Neutral to Support Alternative Dispute Resolution Methods in the Construction Industry

Cited by 7 publications

References 12 publications

Are we ready for a rational discussion? The existence of biases in construction dispute negotiation

Are we ready for a rational discussion? The existence of biases in construction dispute negotiation

Megaproject Management Research: The Status Quo and Future Directions

Exploring the efficacy of mediation in cases of workplace bullying

Contact Info

Product

Resources

About