Open AccessEnhancing Amicable Settlement of Construction Disputes Via A Systems Approach
Author(s) -
Chandana Jayalath,
A. Kanchana
Publication year - 2021
Publication title -
proceedings of the international conference on bussiness management
Language(s) - English
Resource type - Journals
ISSN - 2235-9761
DOI - 10.31357/icbm.v17.5244
Subject(s) - adjudication , settlement (finance) , arbitration , mediation , law and economics , dispute resolution , uniqueness , intervention (counseling) , law , process (computing) , political science , negotiation , labor disputes , business , computer science , sociology , psychology , labor relations , finance , psychiatry , payment , operating system
Given the uniqueness, complexity and the presence of multiple parties, disputes are inevitable in construction projects. None of the alternative means of dispute resolution easily offer a platform for amicable settlement; instead a third party is given a considerable stake in managing the whole process and making judgments, the result of which is often being in either favor or against a disputed party. This article evaluates the potential of the employer and contractor, often being the main protagonists, to settle their disputes internally within the existing system they reside. A sample size of 15 in each group was involved in this empirical study. A Mann Whiney U test revealed that the disputants prefer a consensual approach by internalizing their disputes so that a third-party intervention is not necessarily indispensable. A model on dispute process based on the theory of systems is identified and proposed for further research.
Keywords: Adjudication, Amicable settlement, Arbitration, Disputes, Mediation