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    The Compatibility of Dispute Resolution with Power Distance in the Construction Industry: A Perspective Based on the Statutory Adjudication Regime

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 002::page 04522065-1
    Author:
    Farrah Azwanee Aminuddin
    ,
    Nur Emma Mustaffa
    DOI: 10.1061/JLADAH.LADR-886
    Publisher: American Society of Civil Engineers
    Abstract: Recognizing the importance of cash flow in construction, the Malaysian government has introduced the Construction Industry Payment and Adjudication Act 2012 (CIPAA), which represents a significant development to improve cash flow and payment disputes. Power distance is a national culture dimension that measures the extent to which less powerful members of the country expect and accept that power is unequally distributed. Malaysia scores very high on power distance dimension, which indicates people accept a hierarchical order that needs no further justification. The introduction of yet another form of adversarial dispute resolution like adjudication raises the question of cultural compatibility between dispute resolution and the society’s power distance. The purpose of this paper is to assess the compatibility of power distance on dispute resolution through a qualitative study from the perspective of CIPAA. The research draws data from 15 semistructured interviews. Through thematic analysis, data were coded and categorized to support the inquiry. Patterns from the data illustrated that adversarial dispute resolution like adjudication is found to be less desirable to the Malaysian construction industry because it creates social frictions to the hierarchy values embedded within a high power value society. The study presents an analysis of a result that power struggle is a problem to a successful dispute resolution process in a high power distance society. It is hoped that the finding will foster awareness of societal implications among policy makers when implementing dispute resolution mechanisms.
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      The Compatibility of Dispute Resolution with Power Distance in the Construction Industry: A Perspective Based on the Statutory Adjudication Regime

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4292869
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    contributor authorFarrah Azwanee Aminuddin
    contributor authorNur Emma Mustaffa
    date accessioned2023-08-16T19:10:18Z
    date available2023-08-16T19:10:18Z
    date issued2023/05/01
    identifier otherJLADAH.LADR-886.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4292869
    description abstractRecognizing the importance of cash flow in construction, the Malaysian government has introduced the Construction Industry Payment and Adjudication Act 2012 (CIPAA), which represents a significant development to improve cash flow and payment disputes. Power distance is a national culture dimension that measures the extent to which less powerful members of the country expect and accept that power is unequally distributed. Malaysia scores very high on power distance dimension, which indicates people accept a hierarchical order that needs no further justification. The introduction of yet another form of adversarial dispute resolution like adjudication raises the question of cultural compatibility between dispute resolution and the society’s power distance. The purpose of this paper is to assess the compatibility of power distance on dispute resolution through a qualitative study from the perspective of CIPAA. The research draws data from 15 semistructured interviews. Through thematic analysis, data were coded and categorized to support the inquiry. Patterns from the data illustrated that adversarial dispute resolution like adjudication is found to be less desirable to the Malaysian construction industry because it creates social frictions to the hierarchy values embedded within a high power value society. The study presents an analysis of a result that power struggle is a problem to a successful dispute resolution process in a high power distance society. It is hoped that the finding will foster awareness of societal implications among policy makers when implementing dispute resolution mechanisms.
    publisherAmerican Society of Civil Engineers
    titleThe Compatibility of Dispute Resolution with Power Distance in the Construction Industry: A Perspective Based on the Statutory Adjudication Regime
    typeJournal Article
    journal volume15
    journal issue2
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/JLADAH.LADR-886
    journal fristpage04522065-1
    journal lastpage04522065-10
    page10
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 002
    contenttypeFulltext
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