Performance of Mediator Tactics in Building Management Disputes

Abstract

Maintenance and upkeep of aged multiple-ownership buildings in good condition are growing concerns for developed societies. Moreover, owners, tenants, and management companies are not always cooperative. Building management disputes are likely to arise when these stakeholders’ interests, rights, and duties are in conflict. Formal settlement procedures like arbitration and litigation are considered adversarial in nature and rarely result in an amicable settlement whereby the disputants can maintain their relationship. Mediation, which deploys a problem-solving perspective, is a sensible alternative to adjudicatory resolution processes. This study investigates the interrelationships among three dimensions of building management disputes: dispute sources, mediator tactics, and mediation outcomes. To achieve this objective, dispute-specific data measuring the three dimensions were first collected from practicing mediators. Second, principal component factor analyses were conducted to identify taxonomies underpinning the three dimensions. Third, the interrelationships among the three dimensions were tested using moderated multiple regression. Twelve regression models show significant moderating effects. The results suggested that a proactive approach to mediate building management disputes can indeed materially achieve a win-win settlement.