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An Examination of the Mediation Processes of International ADR Institutions and the Evaluation of the Turkish Construction Professionals’ Perspectives on Mediation

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  • Yaprak Arici Ustuner Author-Email: yarici@fsm.edu.tr

    (Fatih Sultan Mehmet Vakif University, Turkey)

  • Elcin Tas Author-Email: tase@itu.edu.tr

    (Istanbul Technical University, Turkey)

Abstract

Mediation is an alternative dispute resolution that is fast and economic, based on volunteerism and offers the parties win-win approaches and also protects relationships among the dispute parties. Also comparing with the other ADR methods, mediation is easy to apply and less formal. In this respect, this alternative dispute resolution is suitable for the construction sector. In Turkey, mediation began to spread with the adoption of the “Mediation in Legal Disputes Act and Regulations" in 2012. In 2014, Istanbul Arbitration Centre was established. This institution has a mediation service. However, this service is not as advanced or sectoral divided as the procedures of ADR institutions providing mediation services in the world. The literature on the use of mediation in the construction sector in Turkey is very limited and there is no study investigating the perspectives of Turkish construction professionals on institutions providing mediation services. This study aims to examine the structures of ADR institutions providing construction mediation services in the world and the benefits provided by these institutions throughout the mediation process. In this study, a brief explanation about structures of the chosen institutions AAA-ICDR (American Arbitration Association-International Centre for Dispute Resolution), CEDR (Centre for Effective Dispute Resolution) and JAMS (Judicial Arbitration and Mediation Services), which are prominent ADR institutions providing construction mediation services will be given. After that, their mediation processes will be examined. Furthermore, the advantages and disadvantages of non-institutional and institutional mediation will be analyzed by comparing them. In the last part, a survey’s result will be shared searching the answers for following points: the dispute reasons that are experienced by Turkish construction professionals, the criteria of selection of the dispute resolution methods, whether they use mediation in the construction sector, the perspectives on institutions providing mediation services and the expected services from these institutions.

Suggested Citation

  • Yaprak Arici Ustuner Author-Email: yarici@fsm.edu.tr & Elcin Tas Author-Email: tase@itu.edu.tr, 2019. "An Examination of the Mediation Processes of International ADR Institutions and the Evaluation of the Turkish Construction Professionals’ Perspectives on Mediation," Eurasian Journal of Social Sciences, Eurasian Publications, vol. 7(4), pages 11-27.
    • Handle: RePEc:ejn:ejssjr:v:7:y:2019:i:4:p:11-27
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    References listed on IDEAS

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    1. Sai-On Cheung & Henry Suen, 2002. "A multi-attribute utility model for dispute resolution strategy selection," Construction Management and Economics, Taylor & Francis Journals, vol. 20(7), pages 557-568.
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