scholarly journals Mediation in construction disputes in England

2016 ◽  
Vol 8 (2) ◽  
pp. 123-136 ◽  
Author(s):  
Jackie Gregory-Stevens ◽  
Ian Frame ◽  
Christian Henjewele

Purpose Adjudication was introduced to the English construction industry in 1996 in response to its litigious nature. At the time, adjudication aimed to provide a time-efficient, cost-effective solution to construction disputes. The industry is concerned that adjudication is not always providing the expected benefits due to increasing cost, the length of time it takes to resolve disputes and the difficulty in maintaining good relationships between the parties in dispute. Mediation is recommended here as a most desirable approach to resolving disputes without affecting the relationship between the parties. However, the benefits of mediation have not been fully appreciated by all due to slow uptake. This paper aims to identify barriers to the greater use of meditation the English construction industry. Design/methodology/approach This paper presents results from a study that investigated issues preventing greater use of mediation. The study involved 20 case studies of previous dispute resolutions, ten in-depth interviews and 357 usable responses to a structured questionnaire survey involving the English construction industry. Findings The research found a limited detailed awareness of mediation within the English construction industry due to a lack of detailed knowledge among industry stakeholders and a lack of emphasis from construction contracts. The study revealed that there is strong support for adjudication; however, the majority of those with experience of adjudication would prefer to use mediation as the first step in resolving disputes. Originality/value This research identifies the support required for mediation and its preference among those with and without prior knowledge of both adjudication and mediation for the English construction industry. The paper provides an insight into barriers that need to be addressed to increase use of mediation.

IMP Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
pp. 207-229 ◽  
Author(s):  
Malena Ingemansson Havenvid ◽  
Elsebeth Holmen ◽  
Åse Linné ◽  
Ann-Charlott Pedersen

Purpose The purpose of this paper is to investigate the relationship continuity across projects among actors in the construction industry, and to discuss why and how such continuity takes place. Design/methodology/approach The authors draw on the results from four in-depth case studies illustrating different strategies for pursuing relationship continuity. The results are analysed and discussed in light of the oft-mentioned strategies suggested by Mintzberg (1987): emergent, deliberate and deliberately emergent strategies. Furthermore, the ARA-model is used to discuss why the relationship continuity strategies are pursued, and which factors might enable and constrain the relationship continuity. Findings The main findings are twofold. First, the authors found that the strategy applied for pursuing relationship continuity may, in one-time period, contain one type of strategy or a mix of strategy types. Second, the type of strategy may evolve over time, from one type of strategy being more pronounced in one period, to other strategies being more pronounced in later periods. The strategies applied by construction firms and their counterparts can thus contain elements of emergent, deliberate and deliberately emergent strategies, in varying degrees over time. It is also shown that the strategies of the involved actors co-evolve as a result of interaction. Also, the main reasons for pursuing continuity appear to lie in the re-use and development of important resources and activities across projects to create efficiency and the possibility to develop mutual orientation, commitment and trust over time, and thus reduce uncertainty. Research limitations/implications Further empirical studies are needed to support the findings. For managers, the main implication is that relationship continuity can arise as part of an emerging interaction pattern between firms or as part of a planned strategy, but that elements of both might be needed to sustain it. Originality/value The authors combine Mintzberg’s strategy concepts with the ARA-model to bring new light to the widely debated issue of discontinuity and fragmentation in the construction industry.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Veronica Ungaro ◽  
Laura Di Pietro ◽  
Maria Francesca Renzi ◽  
Roberta Guglielmetti Mugion ◽  
Maria Giovina Pasca

PurposeThis study aims to investigate the consumer's perspective regarding the relationship between services and well-being, contributing to the knowledge base in transformative service research (TSR). More specifically the aim was to understand consumers' perceptions of the relationship between services and well-being and their views about how companies can contribute (directly and/or indirectly) to achieve the well-being.Design/methodology/approachTo reach the research aim, the study adopts an explorative inductive design, carried out through a qualitative approach and grounded in 30 in-depth interviews with consumers.FindingsService sustainability represents the fundamental characteristic that determines the service ability to be transformative, requiring the implementation of the triple bottom line dimensions: social, environmental and economic. It emerged that, in the consumer's mind, the service categories that present a stronger relationship between service and well-being are as follows: healthcare, financial and transport.Originality/valueThe paper proposes a conceptual framework to describe the consumer perspective of the services' transformative role in promoting well-being, providing a theoretical lens for conducting future research and continuing to expand transformative service research (TSR).


2018 ◽  
Vol 15 (3) ◽  
pp. 286-302 ◽  
Author(s):  
Lucas Bonacina Roldan ◽  
Peter Bent Hansen ◽  
Domingo Garcia-Perez-de-Lema

PurposeInnovation is today considered a competitive differential for improving the performance of companies, and technology parks are seen as environments with favorable conditions for such innovation. The purpose of this study is to develop a framework for analyzing favorable conditions for innovation in technology parks, the innovations produced and organizational performance.Design/methodology/approachTo this end, the authors conducted bibliographic research and in-depth interviews with managers of companies based at the Tecnopuc Science and Technology Park, and managers of the park itself, to establish practical support for previous theoretical findings.FindingsAs a result, a framework was developed to link the favorable conditions for innovation, and organizational performance.Research limitations/implicationsThe analysis model proposed here synthesizes the contributions made by several scholars on the theme, allowing for a more detailed and integrated interpretation of the phenomenon, namely, the ways through which the effective development of innovation takes place in companies residing in technology parks and the contribution of innovation to the specific performance of companies.Practical implicationsThe use of the proposed framework can help direct park managers’ action towards those relationships or activities that prove to be ineffective in achieving desired goals.Originality/valueThe use of the proposed model in empirical surveys will allow for better understanding of the phenomenon involving the features of technology parks and their effects on innovation and the performance of companies installed there, considering that such parks allow them to access resources with lower transaction costs.


Author(s):  
Dayashankar Maurya ◽  
Amit Kumar Srivastava

Purpose The purpose of this paper is to explain the variation in the relationship between governance mechanisms and the effect of the relationship on contract performance, especially in controlling partner opportunism. Design/methodology/approach This study conducts a comparative case analysis of contract governance of “National Health Insurance Program” in India. The data are collected using field research through in-depth interviews and direct observation across three states in India. Findings The authors find that the governance mechanisms continue to complement and substitute, both in a dynamic manner, but until aligned with the nature of transaction, they are ineffective to mitigate opportunism, a critical dimension of contract performance. Inappropriate governance mechanisms inflate the gaps in incomplete contracts, resulting in partner opportunism. Research limitations/implications The study draws findings from healthcare context and service-based contracting; therefore, the applicability of this study may vary in other contexts. Practical implications The paper highlights the need for building flexibility in the governance structure while designing contracts. Further, managers need to combine both governance mechanisms dynamically to align with the nature of the transaction to control partner opportunism. Originality/value The authors contribute to the existing debate on the conundrum of the relationship between governance mechanisms and provide a new explanation. The authors propose that it is not the specific governance mechanisms but the alignment of the governance mix with the nature of the transaction that determines the contract performance, especially control of partner opportunism.


2020 ◽  
Vol 27 (9) ◽  
pp. 2477-2500 ◽  
Author(s):  
Shui Bo Zhang ◽  
Junying Chen ◽  
Yafan Fu

PurposeThe purpose of this paper is to unpack the “black box” of the relationship between contract and inter-organizational trust, both theoretically and empirically. Two mediators, namely perceived safeguard and restriction, are identified to build up two seemingly contrary possible paths between contract and trust from current literature. Both paths are tested in the context of Chinese construction industry due to our access to sample.Design/methodology/approachA survey of 295 contractor-subcontractor relationships from Chinese construction industry was conducted. A three-step multiple regression model was employed to test the mediating effect of perceived safeguard and restriction. Then, a hierarchical regression model was used to test the possible moderating effect of bilateral transaction-specific investment.FindingsThe empirical results support the mediating effect of perceived safeguard between contract and trust in the construction subcontracting industry. Bilateral transaction-specific investments enhance the positive effect of contract on safeguard perception.Originality/valueTheoretically, this study contributes to governance literature by opening up the “black box” of the relationship between contract and trust. It provides a better understanding of how and when contract complexity impacts trust, instead of simply focusing on whether contract and trust act as complements or substitutes. Practically, this study provides guidelines for construction firms to decide the degree of contract complexity under various degrees of bilateral transaction-specific investments to enhance the other party’s trust, so as to improve performance outcomes.


Author(s):  
Mustafa Doğan

Purpose The purpose of this paper is to examine the relationship between the ecomuseum and solidarity tourism and to measure their impact on community development. Design/methodology/approach The study presented here adopts two methods for collecting qualitative data: in-depth interviews and observations. The total number of village households was 42 and the number of households that hosted tourists in their home was 20. Due to the exploratory nature of this study, qualitative methods were employed in the form of lengthy interviews with 13 residents. Findings The findings indicate that tourism for the Bogatepe Village ecomuseum has focused on a solidarity perspective which has provided significant benefits to the community ensuring local sustainable development. The ecomuseum as a concept and a destination has helped to control tourism and strengthened the impact of solidarity tourism on the local community. Research limitations/implications The research presented here must be seen as exploratory. More generally, further research is needed to look at the possibility of developing this type of tourism in other rural areas and similar regions of Turkey (covering both small and large areas) with an important cultural heritage. Originality/value The combination of the ecomuseum and solidarity tourism can provide a sustainable solution for tourism in rural areas and provide a model in the development of tourism to other villages in Turkey. The question is whether it could also be used in larger rural areas. The study underlines that Bogatepe is certainly worthy of future study.


2019 ◽  
Vol 1 (2) ◽  
pp. 98-114 ◽  
Author(s):  
Omneya A. Marzouk

Purpose The study aims to investigate the differences among urban and rural consumers in terms of their energy and water sustainable consumption behaviour levels and drivers and also empirically blueprint conceptual frameworks highlighting urban and rural consumer drivers to consume sustainably. Design/methodology/approach This research follows an exploratory design using a qualitative approach; 14 in-depth interviews followed by one focus group were conducted with urban consumers; on the other hand, 18 in-depth interviews followed by one focus group were conducted with rural consumers. Findings The findings show that no differences exist among urban and rural consumers in terms of both their sustainable consumption levels and their drivers to consume sustainably; such findings were encapsulated in the form of one conceptual framework pertinent to both urban and rural consumers; it has the following relevant factors: consumers’ attitudes toward conservation, subjective norms, perceived behavioural control, self-preference, public media influence, perceived economic value and perceived moral obligation to be relevant antecedents of conservation behaviour, which – in turn – drives sustainable purchase behaviours with the moderating effect of socio-demographic variables. Originality/value This paper contributes to extant literature as it provides evidence for the drivers of sustainable consumption behaviours of urban versus rural consumers in emerging countries; it also tentatively answers the question of whether the socio-demographic variables infer a difference in consumers’ sustainable consumption; finally, it studies sustainable consumption from a novel perspective with a focus on the relationship between its two pillars.


2014 ◽  
Vol 14 (4) ◽  
pp. 408-432 ◽  
Author(s):  
Wallace Imoudu Enegbuma ◽  
Uche Godwin Aliagha ◽  
Kherun Nita Ali

Purpose – This paper aims to investigate the relationship between building information modelling (BIM) adoption from the perspectives of people, process and technology to strategic information technology (IT) in construction mediated by collaborative processes for new BIM entrants. The demand pull for more effective project delivery in the construction industry across the globe has continued to transform design techniques from two-dimensional, three-dimensional (3D) and, currently, BIM. Leverage on IT is pivotal for construction industry development as earmarked by the Malaysian construction industry master plan. BIM uptake by stakeholders in Malaysia construction industry is on a gradual increase. BIM generates and manages building data during its life cycle via 3D, real-time, dynamic building modelling. Design/methodology/approach – BIM model is dependent on collaborative contribution by project teams’ input at various stages. However, challenges such as people, process and technology impede an effective adoption rate in Malaysia. This paper presents a continuation of an ongoing theoretical framework developed, to further investigate the relationship between BIM adoption from perspectives of people, process and technology to strategic IT in construction and collaborative process. To develop the framework, an extensive literature review on factors affecting BIM adoption was carried out. The underlining gap stems from a positivist standpoint in examining human – IT interaction. The model builds on conceptual technology acceptance models incorporating strategic IT implementation and collaborative processes in the industry. Findings – The paper examined factors affecting BIM adoption in Malaysia. The factors are further affected by the environment where BIM is utilised. The paper also presents the mediating effect of collaboration for new BIM entrants. Overall, the theorised hypotheses delineate the strength and significance of the examined relationship within the model. Subsequently, the data will be collected from construction industry professionals (architects, quantity surveyors, engineers and contractors) through the developed survey instrument. The hypotheses will undergo structural equation modelling to analyse the desired statistical power, test for close versus exact fit and complexity of the model. Social implications – The findings will delineate the variables with predominant impact on BIM adoption and serves as a guide to future policymaking on BIM implementation in Malaysia. Originality/value – Current research on BIM in Malaysia is limited to readiness and awareness. This paper extends the need for empirical findings from construction professionals’ perception of BIM. The findings also explain reasons for BIM adoption in new BIM entrants and add to current body of knowledge on IT acceptance model formation.


2017 ◽  
Vol 12 (2) ◽  
pp. 121-135 ◽  
Author(s):  
Hagai Katz ◽  
Uzi Sasson

Purpose Many social services today are provided through solutions that require interaction between nonprofits and business. The purpose of this study is to examine the nature of the relationship between the different players in such mixed markets. One such market is workforce integration programs for persons with disabilities. The authors studied the relationships and interactions between collaborating nonprofits and business firms within the context of actor–network theory (ANT) by examining the process of workforce integration. Design/methodology/approach The study included in-depth interviews and questionnaires with 47 managers of employers that were hiring persons with intellectual and developmental disabilities, as well as in-depth interviews with ten senior managers in five nonprofit organizations involved in work integration of persons with intellectual and developmental disabilities. The interview data were analyzed using qualitative thematic analysis and content analysis. Findings The authors found an intricate relationship between employers and nonprofits promoting workforce integration. While it seemed that both players were involved in different and complementary aspects and phases of the integration process, the relationship revealed complicated power relations, interdependencies and imbalanced collaborative patterns, resulting in relatively symmetric relations, known as strategic bridging. Practical implications Business compliance with workforce integration depends on continued support by nonprofit services. Social implications Findings are essential for promoting workforce integration, and policies need to support the role of nonprofit services. Originality/value The study highlights the co-dependence between nonprofits and businesses, contrary to common views that nonprofits are dependent on businesses.


2017 ◽  
Vol 119 (12) ◽  
pp. 2903-2917
Author(s):  
Hayiel Hino

Purpose The purpose of this paper is to investigate the relationship between switching intention and actual behaviour in the grocery shopping context. In particular, the study examines how switching intention drives customers to either replace the current store or cross to others. In addition, the study examines the role of cross-shopping in total-switching behaviour. Design/methodology/approach The study employs data collected from a sample consisting of 247 food grocery shoppers. The conceptual framework and hypothesis were analysed using the partial least squares approach. Findings The empirical results support the author’s claim that the research approach applied in this study better explains the switching intention–actual behaviour relationship. Specifically, the analysis provides strong support for the effect of switching intention and various moderating barriers on both cross-shopping and total-switching behaviour. Additionally, the study results point to the positive relationship between cross-shopping and total-switching, indicating that crossing to competing stores is the first step towards utilising the total-switching behaviour. Practical implications Implications for food retail providers are identified, together with a discussion of the study’s limitations and avenues for future research. Originality/value The study extends previous research in that it proposed and tested a conceptual framework for investigating the relationship between switching-intention and actual behaviour, claiming that switching intention drives customers to either replace their current store or cross to others, whereas the crossing pattern is a predictor of the total-switching behaviour.


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