Mediation as in Construction: An Empirical Investigation on the Evaluative and Facilitative Mediation

Farrah Azwanee Aminuddin and Lu Wai Teng
Additional contact information
Farrah Azwanee Aminuddin: Department of Quantity Surveying, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia
Lu Wai Teng: Department of Quantity Surveying, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 4, 1997-2016

Abstract: Disputes are inherent and inevitable in every construction project. Disputes should be resolved efficiently and effectively to minimise the negative impacts on the project and parties involved. Mediation is a wise choice in resolving construction disputes compared to litigation due to its benefits. However, the utilisation of mediation in the Malaysian construction industry is still low. This may be mainly due to the confidence issue of the construction stakeholders in mediation. The mediation styles that are mainly used in Malaysia are facilitative and evaluative. Both styles are different in the intervention extent of the mediator and thus their suitability and effectiveness in settling construction disputes are different. This paper intends to identify the types of disputes that are suitable for facilitative and evaluative mediation styles in construction and to determine the effectiveness of dispute settlement using facilitative and evaluative mediation styles in construction. The data is collected through qualitative research methods through multiple case studies via semi-structured interviews. The data is analysed by using content analysis. The finding shows that parties are more confident adopting evaluative mediation for settling construction disputes that involve contractual, technical, and tort or negligence disputes compared to facilitative mediation. Evaluative mediation is found to be more satisfactory than facilitative mediation in the aspects of time, cost, parties’ relationship, and settlement or outcome in the settlement of construction disputes. This paper informs the construction players in considering which mediation styles for settling their disputes amicably, efficiently, and effectively.

Date: 2024
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.rsisinternational.org/journals/ijriss/ ... ssue-4/1997-2016.pdf (application/pdf)
https://rsisinternational.org/journals/ijriss/arti ... ilitative-mediation/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:8:y:2024:i:4:p:1997-2016

Access Statistics for this article

International Journal of Research and Innovation in Social Science is currently edited by Dr. Nidhi Malhan

More articles in International Journal of Research and Innovation in Social Science from International Journal of Research and Innovation in Social Science (IJRISS)
Bibliographic data for series maintained by Dr. Pawan Verma ().