Towards a better understanding of mediation in the construction sector: a grounded theory approach
Explorative and qualitative research on contributing factors to mediation processes in Dutch construction projects
O.M. Krans (TU Delft - Architecture and the Built Environment)
E.M. Bruggeman – Mentor (Design & Construction Management)
Jelle Koolwijk – Mentor (Design & Construction Management)
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Abstract
Context
Projects in the construction sector are known for their high complexity. Due to this complexity, disputes in construction are close to inevitable. While these disputes can lead to major project delays and financial costs, they demand for a resolution. Juridical resolution methods like litigation and arbitration have found to be unfavourable in terms of time, money and business relationship costs. Alternative Dispute Resolution (ADR) methods like mediation are viewed to score better on these points.
Problem
Unfortunately, still a big amount of escalated disputes in the construction sector are resolved by traditional juridical methods, where the parties fight each other to win. This results in major expenses, time investments and relational damage.
Purpose
This research aims to gain a better understanding of mediation processes in the construction industry. This could lead to less use of juridical procedures and maybe less escalated disputes in general. This could save disputing parties in the construction sector money, time and business relational damage.
Method
A grounded theory approach has been used in this research, because no research has yet been conducted on factors that influence the mediation process, nor on the course of its process in practice. Four case studies have been carried out in a qualitative fashion, conducting in-depth interviews with the involved disputing parties and the mediator(s). The resulting transcripts have been analysed on contributing factors, allocating quotations to closed and open coding. Furthermore, the cases have been analysed on their course of the mediation process.
Findings
A substantial amount of influencing factors have been found to be influencing the mediation process in practice: a few from academic literature and the majority from the case studies, consisting of internal moderators, external moderators, mediator’s interventions and the action of bartering. Therefrom, conclusions have been drawn which have been discussed with a validation panel to value them and add a level of depth. Furthermore, an enhanced framework of the mediation process has been constructed where these factors have been added to. Since this research has a limited scope and is based on the grounded theory approach, a substantial amount of limitations and recommendations for future research have been given.