Enhancing Amicable Settlement of Construction Disputes Via A Systems Approach

Authors

  • C. Jayalath Department of Quantity Surveying, University of Vocational Technology, Ratmalana, Sri Lanka
  • A. Kanchana Department of Quantity Surveying, University of Vocational Technology, Ratmalana, Sri Lanka

Abstract

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

Published

2021-09-29