The role of alternative dispute resolution methods in the construction industry and the application of these methods in Hong Kong

1996 ◽  
Author(s):  
Kin-ho, Lewis Lau
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution

scholarly journals Critical Factors for Selecting a Neutral to Support Alternative Dispute Resolution Methods in the Construction Industry

2018 ◽  
Vol 4 (1) ◽  
pp. 11 ◽  
Author(s):  
Abdollah Saeb ◽  
Othman Bin Mohamed ◽  
Mohd Suhaimi Bin Mohd Danuri ◽  
Norhanim Binti Zakaria
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Multiple Roles ◽  
Third Party ◽  
Critical Factors ◽  
The Third ◽  
Technical Issues ◽  
The Third Party

Alternative dispute resolution methods (ADR) were developed in the construction industry to acquire suitable solutions.  These methods are classified based on the role of the third party (neutral). Third-parties can play multiple roles in the ADR process including a facilitative, advisory, determinative or combined. The authorities of the third-party in the types of ADR techniques are different. Despite the importance of a third party in the ADR process, previous studies are not clearly identified factors for selecting them. The purpose of this research is to provide critical factors for neutral to support ADR methods in the construction industry. This research also, highlights the role of neutral in common ADR techniques. Random sampling was used for quantitative data collection. Of the 200 experts invited to fill in the questionnaire, 112 experts participated. To provide critical factors the factor analysis was used. The research found four critical factors for selecting supporting ADR neutrals in construction including; familiarity with legal and technical issues, being accepted by parties, efficiency and fairness. It can be concluded that selecting neutral party using the critical factors is efficient because the selection of a third-party in ADR is based on many variables is very difficult.

13. Justice in the Modern Administrative State

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Administrative State ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of a range of accountability methods to scrutinize the executive’s use of power. This includes the work of the Parliamentary Commissioner for Administration, who is now also known as the Parliamentary Ombudsman, the role of tribunals in contrast to courts, of public inquiries and of alternative dispute resolution mechanisms too. It also examines the limitations of each of these methods, and how they may complement each other to provide different forms of scrutiny.

COMPARISION OF ALTERNATIVE CONSTRUCTION DISPUTE RESOLUTION MEASURES

2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Ulrike Quapp ◽  
Klaus Holschemacher
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Construction Projects ◽  
Legal Aspects ◽  
Construction Process ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Industry Practice

Construction projects often are particularly susceptible to conflicts due to their long-term character and complexity. In Germany, courts must deal with around 100,000 construction dispute litigations per year. Alternative Dispute Resolution (ADR) can be an alternative to expensive as well as time-consuming litigation and can help to relieve the judicial system. Furthermore, ADR may contribute to the satisfying settlement of a dispute between parties involved in the construction process and thus help to reach construction projects’ completion on time and within budget. Often, ADR mechanisms such as adjudication, mediation, and conciliation will be used. The paper analyzes the development of ADR in Germany in conjunction with European legal aspects. With special reference to the construction industry practice in Germany, various ADR measures and their advantages and disadvantages, as well as the current situation, will be explained. The authors conclude that, although ADR in Germany has experienced an upswing since the 1990s, it is used only to a small extent for settling disputes in construction projects. An increased knowledge about the advantages and disadvantages of different ADR measures in the construction industry would lead to more frequent uses of ADR. That, and a clever and detailed contract design, which helps to avoid conflicts basing on unclear contract contents, could save money and relieve the courts from time-consuming legal proceedings.

Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia

2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Traditional Role ◽  
Adverse Action ◽  
Recognition And Enforcement ◽  
Workplace Rights ◽  
The Right ◽  
Resolution Processes

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

A model for proactive mediation of construction disputes

1995 ◽  
Vol 22 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Francis T. Hartman ◽  
George F. Jergeas
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Cost Reduction ◽  
Alternative Dispute Resolution ◽  
Construction Disputes ◽  
Area Of Interest ◽  
New Process ◽  
The Cost ◽  
Alternate Dispute Resolution ◽  
Management Contracts

Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.

Effectiveness of Dispute Resolution Councils in Alternative Dispute Resolution: A Study of Selected Districts of Khyber Pakhtunkhwa

2020 ◽  
Vol 2 (1) ◽  
pp. 41-55
Author(s):  
Rabia Manzoor ◽  
Syed Shujaat Ahmed ◽  
Vaqar Ahmed
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Equal Opportunity ◽  
Enforcement Mechanism ◽  
Khyber Pakhtunkhwa

Background: Dispute resolution is the process through which conflicts, misunderstandings are handled. It is an effective process for smooth functioning of any sort of organization. It further helps in maintain peace in the society as well as organization. Objective: This study seeks to appraise and evaluate the effectiveness of Dispute Resolution Councils (DRCs) in the select districts of Khyber Pakhtunkhwa, Pakistan. Methods: The effectiveness of ADR forums is gauged through magnitude of satisfaction and trust of beneficiaries accessing its services as well as affordability and timeliness of dispensation of justice to them. Findings: It was found that DRCs have become highly consequential to the peacemaking due to impartial setup and the provision of equal opportunity to parties involved in any case.  Conclusion: Despite the overall success of DRCs, they are still affected by problems such a poor documentation, infrastructure, lack of training and most importantly the absence of any enforcement mechanism of their decisions. Implication: This study puts forth various reforms that may include the standardization of documents, provision of sufficient capital and adequate infrastructure, and auguring the role of these avenues to strengthen the implementation of their decisions.

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