IDEAS home Printed from https://ideas.repec.org/a/ejn/ejssjr/v7y2019i4p11-27.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://eurasianpublications.com/wp-content/uploads/2021/02/EJEF-7.4.2.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Farrah Azwanee Aminuddin & Lu Wai Teng, 2024. "Mediation as in Construction: An Empirical Investigation on the Evaluative and Facilitative Mediation," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 8(4), pages 1997-2016, April.
    2. Odubiyi Tawakalitu Bisola, 2018. "Nigerian Professional Female Construction Workers in Vocational Occupations: Diversification or Deviation?," Organization, Technology and Management in Construction, Sciendo, vol. 10(1), pages 1696-1703, February.
    3. Qingye Han & Yuming Zhu & Ginger Y. Ke & Hongli Lin, 2019. "A Two-Stage Decision Framework for Resolving Brownfield Conflicts," IJERPH, MDPI, vol. 16(6), pages 1-19, March.
    4. Dang Vo, Khoa & Thanh Nguyen, Phong & Le Hoang Thuy To Nguyen, Quyen, 2020. "Disputes in Managing Projects: A Case Study of Construction Industry in Vietnam," MPRA Paper 103436, University Library of Munich, Germany, revised 05 Jul 2020.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ejn:ejssjr:v:7:y:2019:i:4:p:11-27. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Esra Barakli (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.