A study of construction mediator tactics—Part I: Taxonomies of dispute sources, mediator tactics and mediation outcomes: Fid-Bau Portal

A study of construction mediator tactics—Part I: Taxonomies of dispute sources, mediator tactics and mediation outcomes

Cheung, Sai On / Yiu, Kenneth T.W.

AbstractConstructed facilities are a major component of the built environment. Nevertheless, construction is of long-duration, high value and dispute-prone. As such, dispute is a regular feature in construction and consumes resources that would otherwise be used in a more productive manner. The use of mediation has been regarded as a flexible, cost-effective, and non-threatening way to dispute resolution. Reported studies on construction mediation have been instrumental in bringing out key success factors and the advantages over other adversarial resolution processes. Moreover, mediation is a form of assisted negotiation; hence the skill of a mediator shall have pivotal effect on the mediation outcome. In fact, the appropriate use of tactics by a mediator shall have deciding effect on the chance of success. Notwithstanding, the implication on tactics in relation to the nature of dispute cannot be discarded. In these contexts, a study that examines the inter-relationships among dispute sources, mediator tactics and mediation outcome was conducted in Hong Kong. The study is broadly divided into two parts. Part (I) deals with the development of taxonomies of construction dispute sources, mediator tactics and outcomes, employing the technique of Principal Component of Factor Analysis (PCFA). A total of eight, nine and four taxonomies for dispute sources, mediator tactics and outcomes were identified, respectively. Based on these results, Part (II) of the study examined the contingent use of mediator tactics in the contexts of dispute sources and mediation outcomes.