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Title: Insight into resolving construction disputes by mediation/adjudication in Hong Kong
Authors: Chau, Kwok-wing
Subjects: Arbitration
Dispute resolution
Hong Kong
Construction industry
Issue Date: 1-Apr-2007
Publisher: American Society of Civil Engineers (ASCE)
Source: Journal of professional issues in engineering education and practice, Apr. 2007, v. 133, no. 2, p. 143-147.
Abstract: Resolving construction disputes using an adversarial approach is considered to be in opposition of the maintenance of a harmonious relationship between two parties. The modern arbitration process may emulate the litigation proceeding leading to delay and cost escalation. During the past decade, the Hong Kong Government has implemented a mediation clause as an alternative mode for settlement of construction disputes. In this paper, the experience and insight into resolving construction disputes by integrating mediation and then arbitration in Hong Kong are highlighted. The state-of-the-art modern mediation process and its philosophical origins are reviewed. The shortcomings of the present system are pinpointed. The success of the adjudication now practiced in the United Kingdom may suggest that there is a place for another process of dispute resolution, which may help improve the situation. The prospect of the proposed mediation/adjudication and then arbitration mechanism is discussed with particular reference to the construction industry in Hong Kong.
Rights: Journal of Professional Issues in Engineering Education and Practice © 2007 ASCE. The published version in ASCE's Engineering Database is located at:
Type: Journal/Magazine Article
DOI: 10.1061/(ASCE)1052-3928(2007)133:2(143)
ISSN: 1052-3928
Appears in Collections:CEE Journal/Magazine Articles

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