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    Influence of Fairness Perceptions on Cooperative Behavior in Construction Arbitration

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2020:;Volume ( 012 ):;issue: 004
    Author:
    Allan A. Abwunza
    DOI: 10.1061/(ASCE)LA.1943-4170.0000422
    Publisher: ASCE
    Abstract: Construction arbitration is characterized by incessant challenges to its awards. Although these challenges suggest dissatisfaction with the outcomes, the role of perceived fairness in influencing disputants’ cooperative behavioral reactions to arbitral awards remains unclear. To address this research gap, a qualitative multiple case study involving documentary analysis and 13 semistructured interviews of arbitrators, parties, and party representatives in five exemplifying cases was undertaken. Findings indicate that although fairness is an integral aspect of the dispute resolution process, perception of its influence on disputants’ cooperative behavior varied. While award favorability influenced perceived award fairness and consequently award acceptability and postdispute relations, perception of procedural and interactional fairness influenced the choice of arbitration as an avenue for resolving future construction disputes. Thus, the extent to which the awards were favorable to one party, based on the degree of control commanded over the process, determined disputants’ cooperative behavior. These findings are significant because they provide a nuanced understanding of how the various components of organizational justice interacted in influencing cooperative behavior in construction arbitration among the cases studied.
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      Influence of Fairness Perceptions on Cooperative Behavior in Construction Arbitration

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4267071
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    contributor authorAllan A. Abwunza
    date accessioned2022-01-30T20:45:49Z
    date available2022-01-30T20:45:49Z
    date issued11/1/2020 12:00:00 AM
    identifier other%28ASCE%29LA.1943-4170.0000422.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4267071
    description abstractConstruction arbitration is characterized by incessant challenges to its awards. Although these challenges suggest dissatisfaction with the outcomes, the role of perceived fairness in influencing disputants’ cooperative behavioral reactions to arbitral awards remains unclear. To address this research gap, a qualitative multiple case study involving documentary analysis and 13 semistructured interviews of arbitrators, parties, and party representatives in five exemplifying cases was undertaken. Findings indicate that although fairness is an integral aspect of the dispute resolution process, perception of its influence on disputants’ cooperative behavior varied. While award favorability influenced perceived award fairness and consequently award acceptability and postdispute relations, perception of procedural and interactional fairness influenced the choice of arbitration as an avenue for resolving future construction disputes. Thus, the extent to which the awards were favorable to one party, based on the degree of control commanded over the process, determined disputants’ cooperative behavior. These findings are significant because they provide a nuanced understanding of how the various components of organizational justice interacted in influencing cooperative behavior in construction arbitration among the cases studied.
    publisherASCE
    titleInfluence of Fairness Perceptions on Cooperative Behavior in Construction Arbitration
    typeJournal Paper
    journal volume12
    journal issue4
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000422
    page11
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2020:;Volume ( 012 ):;issue: 004
    contenttypeFulltext
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