Dispute Resolution & Conflict Management in ConstructionLiterature ReviewLiterature ReviewIntroductionThe principles of conflict resolution in the construction industry are varied. Many eminent thinkers have propounded various causes of the disputes and the methods of resolution. The modern day method to resolve disputes centers on an unbiased umpire who can resolve conflicts for the parties at loggerheads in a satisfactory manner. The Arbitrator is the best person to resolve a dispute, and awards by Arbitrators ought to bring about amicable settlement. Dispute resolution in the construction industry can be analyzed in two ways, by looking up the causes of disputes and then at the most efficient methods of resolution.
Causes and ProblemsThe causes of disputes may be multisided with problems relating to the parties involved in a construction are very important. A dispute ought to be viewed in emotional and human spheres rather than as a quantitative subject. Ankrah, N., & Langford, D. (2005) Relationships between entities get defined on the role models expected form them from each side, and this results in conflict. By analyzing the cultural, professional and background related to a specific contract and goals set, disagreements and agreements on objectives, only a seasoned arbitrator can find the personal conflicts and feelings are the prime source of organizational disputes.
Individual perceptions may not matter to organizations in the construction industry which are companies. Companies are the main focus in the industry, for it is the foundation for the construction business. A company that carries out construction activity must be organized in a systematic manner with healthy attitudes at work and principles. Many authors and experts have gone on to group the causes of the disputes under various heads and have also offered solutions.
These solutions pertain to the single window which they use to see the scenario. For example, some believe that the parties involved and their personality plays an important role. Kelly, R. (1999) the contractors, labor, owner and architects are the source of disputes. The cause of problems is also attributed to unfamiliar or multi national laws and practice. While local projects require lesser interaction and preparation as compared to a venture abroad which involves cross cultural interaction? Bercovitch, J. (1995).
In the international scene, many themes ought to be considered. The diverse tactics have to be studied suited to the international arena. Contributors take a systematic approach to analyzing some significant aspects of mediation and consider the process in the overall context of conflict management. One example we can see is the construction boom especially in the East and Middle East attracted investors into construction, there was a gap in the knowledge of the industry as to the requisites and customs of various countries. Understanding the law is a major requisite for dispute resolution.
Davies, E. (1998) Examination of different national systems with a “consistent and rigorous analysis of each national system, as well as the necessary tools for managing conflict and resolving disputes on construction projects. ” is advocated as being the best possibility. The global perspective in the context of the global development of the construction industry emphasize on the global perspective and dwelt on the They emphasized on risk management options and conflict resolution being a part of minimizing risk. Retik, A., & Langford, D. (1996) Some study has gone under way in countries like Australia and UK D.
A. Langford, (1996) which discussed the alternate approach but came out with the conclusion that the best thing to do was to avoid a dispute. However it is not that simple, and with the law governing the industry, and with international law, it is absolutely necessary for companies to abide by procedures.