Mediation within Irish Construction Industry: Identifying Success Factors for Appropriate Competencies and Processes

John Spillane, Lukumon Oyedele, Evelyn Hande, Jason Von Meding, Ashwini Konanahalli, Babatunde E. Jaiyeoba, Iyabo K. Tijani

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    Abstract

    The construction industry notoriously excels at dispute creation both in Ireland and abroad. This paper examines mediation in the Irish construction industry as a means of conflict and dispute resolution. It aims to identify success factors for appropriate competencies and processes required by mediators and other parties operating in the construction industry. Methodology includes a thorough review of the literature, followed by detailed interviews from industry experts to elicit and highlight the core competencies required. To aid in the analysis, qualitative analysis using mind mapping software was used. The findings suggest that facilitative mediation was best suited for the Irish construction industry. 13 and 17 success factors were identified as key skills necessary for a mediator and for a successful mediation process. For the skills, it ranges across behavioural, technical and intellectual skills. The mediation process factors can be split into actions of the mediator and other parties in the dispute. The results are similar to those identified in other countries and provide a good reference point for the development of the global construction industry. By following the findings of this report mediators and parties in dispute can improve processes and be more successful in mediation outcomes as a means of resolving conflicts and dispute.
    Original languageEnglish
    Pages (from-to)142-150
    Number of pages9
    JournalJournal of Law and Conflict Resolution
    Volume3
    Issue number8
    Publication statusPublished - 2011

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