International Construction Specialty Conference of the Canadian Society for Civil Engineering (ICSC) (5th : 2015)

Analysing parties' behaviors on mediating building management cases Cheung, Sai On; Yiu, Tak Wing; Chan, Tsz Yeung

Abstract

Although mediation is a topical research topic in construction management studies, building management dispute mediation is rarely reported in academic community. This study was conducted in the light of marked increase in the number of building management dispute settled by mediation. Within the context that the parties’ behaviours during the course of the mediation would influence the outcome, the focus of the study is to examine the behaviours adopted by mediators and disputants. Data was collected with specially designed questionnaire and Relative Importance Index (RII) was used to rank the significance of the behaviours. The findings reveal that disputants often adopt aggressive approach to push their counterparts in defending their case as well as pressing for concessions. Mediators moreover, prefer establishing a trusting relationship with the disputants. In this regard, mediators seldom criticise and challenge disputants’ point of view and argument. Instead, they would attempt to establish a harmonious environment by engendering heartfelt feeling and rational understanding. Mediators would refrain from responding inappropriately to the pressing behaviours of disputants. The research findings also suggest further research in building management disputes mediation would further provide insight to the public at large in understanding how building management disputes can be settled more effectively through mediation.

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Attribution-NonCommercial-NoDerivs 2.5 Canada

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