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Construction Dispute Research - Conceptualisation, Avoidance and Resolution (Paperback, Softcover reprint of the original 1st ed. 2014)
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Construction Dispute Research - Conceptualisation, Avoidance and Resolution (Paperback, Softcover reprint of the original 1st ed. 2014)
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There are three specific purposes of Construction Dispute Research.
First, this volume aims to summarise studies on construction
dispute. Second, apart from the theoretical constructs, where
appropriate empirical tests are also included. This approach serves
to go beyond the commonly used anecdotal approach for the subject
matters. Third, it is the sincere hope of the authors that this
book will help shaping research agenda of construction
dispute. The studies are mostly framed from a management
perspective drawing on methods and concepts in contract law,
economics, psychology and management science. The book has
twenty chapters that are arranged in four parts covering
conceptualisation, avoidance, negotiation and mediation. Part 1 is
devoted for dispute conceptualisation. A building is only as strong
as its foundation. Thus it is no better start to study construction
dispute by conceptualisation. The theme of Part 2 is dispute
avoidance. The conventional wisdom of ‘prevention is better than
cure’ seems can be applied to all problems. As far as
construction dispute is concerned, equitable risk allocation and
trust are the two most commonly accepted avoidance strategies. Part
3 focuses on negotiation that is the gateway to resolution as
almost all disputes are negotiated first before the service of
other mechanisms. Negotiation is sometimes described as an art
because settlement may not be obtained solely from legal and
rational approaches. Part 3 discusses the behavioral dimensions of
construction dispute negotiation. Part 4 deals with Mediation- a
form of assisted negotiation. Specially, the skill of the mediators
in facilitating settlement, the interrelationships among dispute
sources, mediator tactics and mediation outcomes are
explored. The studies presented in Construction Dispute
Research collectively demonstrate holistic approach in dispute
management. Each chapter can be read as a study on its own.
Practitioners will find the book a handy reference in dispute
management and resolution. Students would find the book useful in
explaining in details the causes of dispute, the processes to
resolve them. The research design and empirical approaches are
particularly useful to students in construction management,
architectural, surveying and civil engineering programs.
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