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    Insight into Resolving Construction Disputes by Mediation/Adjudication in Hong Kong

    Source: Journal of Professional Issues in Engineering Education and Practice:;2007:;Volume ( 133 ):;issue: 002
    Author:
    K. W. Chau
    DOI: 10.1061/(ASCE)1052-3928(2007)133:2(143)
    Publisher: American Society of Civil Engineers
    Abstract: Resolving construction disputes using an adversarial approach is considered to be in opposition of the maintenance of a harmonious relationship between two parties. The modern arbitration process may emulate the litigation proceeding leading to delay and cost escalation. During the past decade, the Hong Kong Government has implemented a mediation clause as an alternative mode for settlement of construction disputes. In this paper, the experience and insight into resolving construction disputes by integrating mediation and then arbitration in Hong Kong are highlighted. The state-of-the-art modern mediation process and its philosophical origins are reviewed. The shortcomings of the present system are pinpointed. The success of the adjudication now practiced in the United Kingdom may suggest that there is a place for another process of dispute resolution, which may help improve the situation. The prospect of the proposed mediation/adjudication and then arbitration mechanism is discussed with particular reference to the construction industry in Hong Kong.
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      Insight into Resolving Construction Disputes by Mediation/Adjudication in Hong Kong

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    http://yetl.yabesh.ir/yetl1/handle/yetl/47850
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    contributor authorK. W. Chau
    date accessioned2017-05-08T21:20:47Z
    date available2017-05-08T21:20:47Z
    date copyrightApril 2007
    date issued2007
    identifier other%28asce%291052-3928%282007%29133%3A2%28143%29.pdf
    identifier urihttp://yetl.yabesh.ir/yetl/handle/yetl/47850
    description abstractResolving construction disputes using an adversarial approach is considered to be in opposition of the maintenance of a harmonious relationship between two parties. The modern arbitration process may emulate the litigation proceeding leading to delay and cost escalation. During the past decade, the Hong Kong Government has implemented a mediation clause as an alternative mode for settlement of construction disputes. In this paper, the experience and insight into resolving construction disputes by integrating mediation and then arbitration in Hong Kong are highlighted. The state-of-the-art modern mediation process and its philosophical origins are reviewed. The shortcomings of the present system are pinpointed. The success of the adjudication now practiced in the United Kingdom may suggest that there is a place for another process of dispute resolution, which may help improve the situation. The prospect of the proposed mediation/adjudication and then arbitration mechanism is discussed with particular reference to the construction industry in Hong Kong.
    publisherAmerican Society of Civil Engineers
    titleInsight into Resolving Construction Disputes by Mediation/Adjudication in Hong Kong
    typeJournal Paper
    journal volume133
    journal issue2
    journal titleJournal of Professional Issues in Engineering Education and Practice
    identifier doi10.1061/(ASCE)1052-3928(2007)133:2(143)
    treeJournal of Professional Issues in Engineering Education and Practice:;2007:;Volume ( 133 ):;issue: 002
    contenttypeFulltext
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