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    Facilitative and Evaluative Mediation for the Application of Construction Cases

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 002::page 04522005
    Author:
    Raymond H. M. Leung
    ,
    Brian T. F. Hui
    DOI: 10.1061/(ASCE)LA.1943-4170.0000538
    Publisher: ASCE
    Abstract: There are a myriad of approaches applying different techniques in the mediation of construction disputes. Different mediators may have developed their own styles of practice. Among others, evaluative and facilitative mediation or a combination are the approaches mediators commonly apply in the mediation of construction cases in Hong Kong. It is common to see advocates of facilitative mediation or evaluative mediation in the Hong Kong construction industry. But given the distinct nature of the two approaches, there are relatively few advocates who will use a mix-and-match approach. However, during interviews with experienced mediators in the construction field, some mediators are in actual practice trying to merge two of the approaches. One example is that some of the mediators are willing to explain or give views on the disputing matters from a technical angle, although facilitative mediation is adopted as the main approach. However, this requires the mediator’s extensive knowledge of the disputing issues. A confluence of the two approaches in a single mediation case is an emerging topic among mediators in construction cases. How a cocktail of the two approaches in mediation could enhance the effectiveness and cost of mediation remains to be explored. During interviews with experienced mediators and disputing parties’ representatives, under what circumstances and how mediators in the Hong Kong construction industry perceive the role of the two approaches of mediation in mediating construction cases and how they apply evaluative mediation technique as a necessary supplement to facilitative mediation, or vice versa, are the topics explained in this paper. Recommendations are made to readers after the analysis.
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      Facilitative and Evaluative Mediation for the Application of Construction Cases

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    contributor authorRaymond H. M. Leung
    contributor authorBrian T. F. Hui
    date accessioned2022-05-07T19:53:20Z
    date available2022-05-07T19:53:20Z
    date issued2022-02-07
    identifier other(ASCE)LA.1943-4170.0000538.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4281782
    description abstractThere are a myriad of approaches applying different techniques in the mediation of construction disputes. Different mediators may have developed their own styles of practice. Among others, evaluative and facilitative mediation or a combination are the approaches mediators commonly apply in the mediation of construction cases in Hong Kong. It is common to see advocates of facilitative mediation or evaluative mediation in the Hong Kong construction industry. But given the distinct nature of the two approaches, there are relatively few advocates who will use a mix-and-match approach. However, during interviews with experienced mediators in the construction field, some mediators are in actual practice trying to merge two of the approaches. One example is that some of the mediators are willing to explain or give views on the disputing matters from a technical angle, although facilitative mediation is adopted as the main approach. However, this requires the mediator’s extensive knowledge of the disputing issues. A confluence of the two approaches in a single mediation case is an emerging topic among mediators in construction cases. How a cocktail of the two approaches in mediation could enhance the effectiveness and cost of mediation remains to be explored. During interviews with experienced mediators and disputing parties’ representatives, under what circumstances and how mediators in the Hong Kong construction industry perceive the role of the two approaches of mediation in mediating construction cases and how they apply evaluative mediation technique as a necessary supplement to facilitative mediation, or vice versa, are the topics explained in this paper. Recommendations are made to readers after the analysis.
    publisherASCE
    titleFacilitative and Evaluative Mediation for the Application of Construction Cases
    typeJournal Paper
    journal volume14
    journal issue2
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000538
    journal fristpage04522005
    journal lastpage04522005-7
    page7
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 002
    contenttypeFulltext
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