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Abdel Aziz, A M (2024) Statistical analysis and representation models of calendar-day liquidated damages. Journal of Construction Engineering and Management, 150(06).
Cao, N and Cheung, S O (2024) Voluntary mediation as a tenable resolution mechanism for construction disputes. Journal of Construction Engineering and Management, 150(06).
- Type: Journal Article
- Keywords: collaborative mediating behavior; power asymmetry; voluntary mediation
- ISBN/ISSN: 0733-9364
- URL: http://doi.org/10.1061/JCEMD4.COENG-14075
- Abstract:
Mediation has been promoted as a complementary alternative to traditional adjudicatory resolution methods for settling construction disputes. The use of mediation has been promoted for its time- and cost-saving advantages. The voluntary approach is also considered suitable to the spirit of disputing parties settling their own disputes by themselves and is thus considered a prerequisite design of mediation. Nevertheless, the power asymmetry between disputing parties may hinder bona fide mediation. This study examined the importance of voluntary participation in fostering collaborative mediating behaviors. The impact of power asymmetry on the use of voluntary construction dispute mediation was also explored. With data collected from mediation practitioners and the application of principal component factor analysis, constructs for voluntary participation (VP), collaborative mediating behaviors (CMB), and power asymmetry (PA) were developed. Partial least squares structural equation modeling analyses were then used to test the hypothesized relationships. It was found that (1) the practice of CMB would bring about positive mediation outcomes; (2) VP would engender collaborative mediating behaviors; and (3) PA between the disputing parties would have no significant negative impacts on voluntary attempts at mediation or the practice of CMB. These findings were validated by real mediation cases. This study contributes to construction mediation studies by affirming the importance of keeping mediation a voluntary process. With a flexible process, voluntary mediation can be a tenable option for resolving construction disputes notwithstanding the power differentials between the mediating parties.
Cui, L Z, Liu, J, Luo, H, Wang, J, Zhang, X, Lv, G and Xie, Q (2024) Deformation measurement of tunnel shotcrete liner using the multiepoch lidar point clouds. Journal of Construction Engineering and Management, 150(06).
Han, Y, Soomro, M A, Li, Y, Garvin, M J and Xue, R (2024) Exploring farmers' willingness to engage in participatory irrigation infrastructure programs: Evidence from a water-stressed region. Journal of Construction Engineering and Management, 150(06).
Houng, S C, Pal, A and Lin, J J (2024) 4D BIM and reality model-driven camera placement optimization for construction monitoring. Journal of Construction Engineering and Management, 150(06).
Jin, Z, Gambatese, J A and Nnaji, C (2024) Musculoskeletal disorder risk assessment in modern ready-made concrete formwork construction. Journal of Construction Engineering and Management, 150(06).
Kim, J, Chung, S and Chi, S (2024) Cross-lingual information retrieval from multilingual construction documents using pretrained language models. Journal of Construction Engineering and Management, 150(06).
Kim, S, Ghimire, P, Jeong, H D and Barutha, P (2024) Comparative analysis of project risks across construction sectors. Journal of Construction Engineering and Management, 150(06).
Liu, G, Ma, Z, Li, J, Li, S, Zhou, X and Song, Y (2024) Framework of digital lean construction and implementation of its management platform for the construction phase. Journal of Construction Engineering and Management, 150(06).
Liu, W, Zhang, J, Qu, C and Zhang, H (2024) Performance of priority rules for finance-based and resource-constrained project scheduling heuristics. Journal of Construction Engineering and Management, 150(06).
Masood, R, Roy, K, Gonzalez, V A and Lim, J B P (2024) Ameliorating supply chains of prefabricated housebuilding: An integrated performance framework. Journal of Construction Engineering and Management, 150(06).
Shen, J, Liu, S and Zhang, J (2024) Using text mining and Bayesian network to identify key risk factors for safety accidents in metro construction. Journal of Construction Engineering and Management, 150(06).
Shi, Q, Wang, Z and Zhu, J (2024) Developing collaborative driving mechanism of prefabricated buildings using multiagent stochastic evolutionary game. Journal of Construction Engineering and Management, 150(06).
Wang, W, Hao, S, Zhong, H and Sun, Z (2024) Toward sustainable construction: Optimizing carbon emission reduction in the building supply chain through game-theoretic strategies, government subsidies, and cost-sharing contract. Journal of Construction Engineering and Management, 150(06).
Wu, H, Zhang, P, Li, H, Zhong, B, Guo, S, Fung, I W H and Lee, Y Y (2024) Blockchain impact on construction quality management and its adoption analysis: A game theory-based method. Journal of Construction Engineering and Management, 150(06).
Yang, Z and Lu, W (2024) Lean modular integrated construction production phase planning under uncertainties: A big data-driven optimization approach. Journal of Construction Engineering and Management, 150(06).
Zeberga, M S, Haaskjold, H and Hussein, B (2024) Digital technologies for preventing, mitigating, and resolving contractual disagreements in the AEC industry: A systematic literature review. Journal of Construction Engineering and Management, 150(06).
Zhang, F, Liu, H, Chen, Z, Wang, L, Zhang, Q and Guo, L (2024) Collision risk warning model for construction vehicles based on YOLO and DeepSORT algorithms. Journal of Construction Engineering and Management, 150(06).