Show simple item record

dc.contributor.authorRaymond H. M. Leung
dc.contributor.authorBrian T. F. Hui
dc.date.accessioned2022-05-07T19:53:20Z
dc.date.available2022-05-07T19:53:20Z
dc.date.issued2022-02-07
dc.identifier.other(ASCE)LA.1943-4170.0000538.pdf
dc.identifier.urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4281782
dc.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.
dc.publisherASCE
dc.titleFacilitative and Evaluative Mediation for the Application of Construction Cases
dc.typeJournal Paper
dc.journal.volume14
dc.journal.issue2
dc.journal.titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
dc.identifier.doi10.1061/(ASCE)LA.1943-4170.0000538
dc.journal.fristpage04522005
dc.journal.lastpage04522005-7
dc.page7
dc.treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 002
dc.contenttypeFulltext


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record