A study of construction mediator tactics—Part II: The contingent use of tactics: Fid-Bau Portal

A study of construction mediator tactics—Part II: The contingent use of tactics

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

AbstractMediation is a dynamic process. A mediator facilitates a settlement through the appropriate use of tactics that adapt and respond to the situational factors as the mediation progresses. This is described as the contingent use of tactics and is one of the prerequisites for mediation success. Having a better understanding of this contingent use of tactics is crucial to the practicing construction mediators as well as researchers. In the first of the companion papers, principal component factor analyses were employed to develop taxonomies for the three mediation dimensions; dispute sources, mediator tactics and mediation outcomes. Part II of the companion papers presents a study on the contingent use of mediator tactics in relation to the dispute sources and mediation outcomes. To achieve this objective, factor scales for the three mediation dimensions were first derived. Moderated multiple regressions (MMR) was then performed on these factor scales to detect the contingent effect of tactics on outcomes respective to the dispute sources. By examining the changes in the $R^{2}$ values of the moderated regression equations, the effectiveness of tactics in bringing about the desired outcomes were investigated. The tactics of Trust Building and Reality Test were found to be the most versatile tactics. These reaffirm the industry belief that disputes are in fact problems that can be solved if pragmatic and sensible approaches are taken instead of the entrenched confrontational attitude. More significantly, the exercise of such approaches can only be possible in a trusting environment. These findings also add strength to the current endeavors in co-operative contracting as in partnering and strategic alliances.