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Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.
A comprehensive procedure for systematically examining actual disputes. Clearly explains the theory and practice of this novel approach to conflict modeling, analysis and resolution. Based upon ideas from both graph and game theories, it extends the realm of multiple objective-multiple-participant decision making in useful directions. Includes a wealth of illustrations and a computer disk.
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
This book presents the most recent theoretical insights and practical intervention methods to (re)build trust between management and organized employees in organizations. Offering a multidisciplinary perspective on trust and conflict management in organizations, the book draws from diverse fields such as organizational psychology, business, law, industrial relations and sociology. It examines the often encountered breaches of trust between management and organized workers, and the resulting destructive social conflicts, social actions, strikes or dramatic business decisions. Its focus is on trust and conflict management at the organizational level in an industrial relations context: that of employee representatives and management. The book introduces a new theoretical approach: the Tree of Trust, designed to analyse and mediate the interconnected levels of trust and distrust in industrial relations. It presents case studies and practical recommendations to build trust and constructive conflict management in the organizations, and illustrates these by means of experiences from different countries around the globe.
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.
This book captures best practice in construction stakeholdermanagement using a range of international case studies. Itdemonstrates stakeholder mapping, presents the power/interestmatrix and analyses a model for the timely engagement ofstakeholders. The increased use of partnering and other relational forms ofcontracting have underlined the need for project participants towork together and also to be aware of all those who can affect orbe affected by a project and its associated developments.Stakeholder management enables them to see this wider picture andprovides guidance for managing the diverse views and interests thatcan manifest in the course of a project’s life. All construction projects have the potential for conflicts ofinterest that can result in costly and damaging legal proceedings.This new book advocates an alternative to dispute resolution thatis proactive, practical and global in its application.Construction Stakeholder Management is therefore anessential text for advanced students, lecturers, researchers andpractitioners in the built environment.
New ways of managing conflict are important features of work & employment in organizations. World's leading scholars examine range of innovative alternative dispute resolution practices, drawing on international research, scholarship, covering case studies of major exemplars & developments in different parts of global economy. Aust & NZ content.
Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.