Alternative dispute resolution : effectiveness & its acceptability to the construction industry of the HKSAR

Pao Yue-kong Library Electronic Theses Database

Alternative dispute resolution : effectiveness & its acceptability to the construction industry of the HKSAR

 

Author: Tam, Po-kuen
Title: Alternative dispute resolution : effectiveness & its acceptability to the construction industry of the HKSAR
Degree: M.Sc.
Year: 1998
Subject: Construction contracts -- China -- Hong Kong
Dispute resolution (Law) -- China -- Hong Kong
Arbitration and award -- China -- Hong Kong
Mediation -- China -- Hong Kong
Hong Kong Polytechnic University -- Dissertations
Department: Multi-disciplinary Studies
Dept. of Building and Real Estate
Pages: iii, 105, [50] leaves ; 30 cm
Language: English
InnoPac Record: http://library.polyu.edu.hk/record=b1441879
URI: http://theses.lib.polyu.edu.hk/handle/200/4437
Abstract: It is generally accepted that disputes in Hong Kong's construction industry are inevitable. Such disputes may be settled either through informal negotiation processes, or by adopting the formal processes of litigation, arbitration, or any one of a number of alternative dispute resolution (ADR) procedures, such as mediation and adjudication. This study started by investigating exactly what ADR actually is, and why and how ADR is used in the Hong Kong construction industry. It continued by assessing the impact on ADR of Hong Kong's reversion to China, with particular regard to dispute resolution practices in the People's Republic of China (PRC), and explored cultural attitudes towards dispute resolution. Human factors, which may influence the approach towards dispute resolution, such as the desire to maintain good business relationships, the avoidance of conflict, and the willingness to compromise, were explored. The hypothesis was that such human factors are influenced by cultural upbringing and that by understanding this, more suitable forms of dispute resolution may be devised to suit a particular culture; the research focused primarily on the differences between the Chinese and Western culture. The study found that the two most practised and effective methods used to settle disputes, both in Hong Kong and China, are by commercial settlement (an informal approach) followed by mediation. Furthermore, the study revealed most people's preference for an informal approach to the settlement of disputes rather than resorting to formal procedures written in the contract. Finally, the results of the research, which involved a review of previous studies, a questionnaire survey and in-depth interviews, supported the hypothesis. The thesis concludes with a recommendation that further studies, in relation to construction contract dispute resolution, within the context of the Chinese culture should be undertaken.

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