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Abdollah, S, Mohd Suhaimi Mohd, D, Othman, M and Norhanim, Z (2021) A mechanism for dispute resolution in the Iranian construction industry. Journal of Construction in Developing Countries, 26(1), 205-26.
- Type: Journal Article
- Keywords: construction management; Iran; dispute resolution; alternative dispute resolution; interviews
- ISBN/ISSN:
- URL: https://doi.org/10.21315/jcdc2021.26.1.10
- Abstract:
If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in dispute resolution with any source. According to the results, we recommend a three-step resolution mechanism as follows: negotiation, a method based on sources of disputes and a hybrid method of adjudication and arbitration (Adj-Arb), as the appropriate mechanism for dispute resolution in the Iranian construction industry. Replacing arbitration with Adj-Arb in construction standard forms will have satisfactory results in resolving construction disputes and reply to growing criticism that arbitration is becoming more like litigation.
Ali Hussein, K, Siti Sarah, H and Mohamad Fakri Zaky, J (2021) The influence of wind effects on architectural buildings heights in Iraqi residential buildings based on computational fluid dynamics simulations. Journal of Construction in Developing Countries, 26(1), 63-87.
Behzad, K, Sherif, M, Hassan, K and Sonia Lupica, S (2021) Formulating a strategic plan for BIM diffusion within the AEC Italian industry: The application of diffusion of innovation theory. Journal of Construction in Developing Countries, 26(1), 161-84.
Ebad Ur Rehman, K and Abdelhakim, M (2021) Mitigating disputes and managing legal issues in the era of building information modelling. Journal of Construction in Developing Countries, 26(1), 111-30.
Ensar, A and Selin, G (2021) Individual and organisational level drivers and barriers to building information modelling. Journal of Construction in Developing Countries, 26(1), 89-109.
Kimia, G, Mostafa, B and Mahdi, H (2021) Iranian bazaars and the social sustainability of modern commercial spaces in Iranian cities. Journal of Construction in Developing Countries, 26(1), 1-18.
Lee, Z P, Rahman, R A and Doh, S I (2021) Key drivers for adopting design-build in public construction projects: Malaysian perspective. Journal of Construction in Developing Countries, 26(1), 131-60.
Leshui, Z and Riza Yosia, S (2021) Emotional intelligence of local and overseas graduates in real estate industry in China. Journal of Construction in Developing Countries, 26(1), 185-204.
Nuru, G and Innocent, M (2021) Effect of the fourth Industrial Revolution on road transport asset management practice in Nigeria. Journal of Construction in Developing Countries, 26(1), 19-43.
Sunusi, B, Ahmad Hariza, H, Asnarulkhadi Abu, S and Nobaya, A (2021) The moderating effect of privacy in the relationships between residential livability and residents' life satisfaction. Journal of Construction in Developing Countries, 26(1), 45-62.