Showing papers on "Settlement (litigation) published in 2022"
01 Jan 2022
TL;DR: In this paper, the authors examined the Vietnamese position on the sovereignty disputes over the Paracels and Spratlys, and maritime zones in the South China Sea, and the settlement of disputes in the south China Sea.
Abstract: The South China Sea has long been regarded as a major source of tension and instability in Pacific Asia. To clarify the position of claimants is a research task for creating the confidence building measures and promoting efforts to manage the possible conflicts in the region. The purpose of this article is to address the Vietnamese position on the sovereignty disputes over the Paracels and Spratlys, and maritime zones in the South China Sea. The Vietnamese position will be examined from three aspects: (1) the sovereignty of the Paracels and the Spratlys; (2) the maritime zones around these islands; and (3) the settlement of disputes in the South China Sea.
8 citations
TL;DR: In this article, the authors focus on the overlooked reality of large, state-sponsored suburban settlements, and in particular on the role of the Israeli Ministry of Housing in their establishment between the mid-1970s and the early 1990s.
8 citations
01 Jan 2022
TL;DR: In this article, the authors identify four factors that make negotiation more effective: preparation, negotiation skill, relationship, and self-awareness, and the self-confidence of a negotiator.
Abstract: It is beyond doubt that negotiation is the most effective way to resolve construction dispute. However, failing negotiation are not uncommon. It is advocated that having an ‘intention to settle’ would provide construction dispute negotiation. Unwillingness to settle would make negotiation difficult and in the worst scenario, would lead to costly attribution or litigation. Based on the literature on pillars of negotiations, four factors are identified: (i) preparation; (ii) negotiation skill; (iii) relationship; and (iv) the self. The hierarchy of the four ingredients ranges from macro to micro and from project specific to disputant specific. Mastering the understanding of these elements can help design the dispute negotiation conditions and provide some insights for negotiators to recognize how and when a negotiator is ready for settlement.
5 citations
01 Jan 2022
TL;DR: In this paper, the authors examine the paradox between power asymmetry and voluntary participation in mediation in construction contracting and examine the relationship between owner and contractor is typically one of principal-agent relationship.
Abstract: The phenomenon of power asymmetry is notable in construction contracting. One-sided contracts and ex post-practice of opportunism would seem inevitable. The relationship between owner and contractor is typically one of principal-agent relationship. When dispute between them arises, their power asymmetry would stifle their voluntary participation in mediation. However, research has shown that it is important to have voluntary mediation so that the settlement reached will be honoured. This stick examines the paradox between power asymmetry and voluntary participation in mediation. Contractual use of mediation is the prevalent approach with voluntary participation as one of the paramount design considerations. Power asymmetry can be less a problem as unwilling party would not be pushed to attempt mediation. In the circumstances, of court encouraged on court-annexed approach, backfiring by the unwilling party cannot be underestimated.
3 citations
TL;DR: In this paper, the authors examined library research concerning the legal perspective of using dispute boards as an alternative for settling new construction service disputes not regulated in Law Number 30, 2011. But they focused on the use of dispute boards in the construction service domain.
Abstract: This study examines library research concerning the legal perspective of using dispute boards as an alternative for settling new construction service disputes not regulated in Law Number 30...
2 citations
01 Jan 2022
TL;DR: In this paper, four forms of apology were summarized from literature- ice-breaking, conciliatory, reality-checking and congruence-driving, and it was found that conciliated apology is the most versatile in moderating positive responses.
Abstract: The enactment of the first-ever apology ordinance (AO) in 2017 provided the impetus to further promote the use of mediation in Hong Kong. The AO aims to alleviate the concern of disputing parties in making apology. This study pioneers the investigation of using apology in construction dispute resolution. The first part of the study has been developed based on Kalman’s Response Restriction Theory. It is proposed that offering an apology would solicit positive responses of the counterpart by overcoming the barriers against settlement of the dispute. Four forms of apology were summarized from literature- ice-breaking, conciliatory, reality-checking and congruence-driving. It is found that congruence-driving apology is the most versatile in moderating positive responses. The second part of the study examines would the AO result in wider use of construction dispute mediation. When the dispute has an emotion element, suggesting apology is an added advice that mediator would display.