Abstracts – Browse Results
Click on the titles below to expand the information about each abstract.
Viewing 39 results ...
Akintoye, A, Renukappa, S and Lal, H (2012) The abolition of the "contracts in writing" rule in the 2009 Construction Act: Potential implications for UK adjudication. International Journal of Law in the Built Environment, 4(02), 140-56.
Andrew, A and Bryan, C (2011) Scottish construction lawyers and mediation: an investigation into attitudes and experiences. International Journal of Law in the Built Environment, 3(02), 159–81.
Baker, F (2013) Housing and planning regulation – England and Ireland. International Journal of Law in the Built Environment, 5(02), 118-36.
Balsas, C J L (2017) The right to walk in cities, a comparative review of Macau, Lisbon and Las Vegas. International Journal of Law in the Built Environment, 9(02), 123-42.
Ceno, J S d (2012) Selective licensing and resident satisfaction in social housing: a UK case study. International Journal of Law in the Built Environment, 4(02), 126-39.
Chalkey, K and Green, M (2016) In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?. International Journal of Law in the Built Environment, 8(02), 161-75.
Coggins, J K and Donohoe, S (2012) The validity of adjudicators' determinations containing errors of law: A comparison of the judicial approach in England and New South Wales. International Journal of Law in the Built Environment, 4(02), 116-25.
Grecksch, K and Holzhausen, J (2017) Property rights revisited: are narratives the way forward?. International Journal of Law in the Built Environment, 9(02), 94-107.
Gregory-Stevens, J, Frame, I and Henjewele, C (2016) Mediation in construction disputes in England. International Journal of Law in the Built Environment, 8(02), 123-36.
Hearne, R (2013) Realising the “right to the city”: Developing a human rights based framework for regeneration of areas of urban disadvantage. International Journal of Law in the Built Environment, 5(02), 172-87.
Ilter, D and Dikbas, A (2009) An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry. International Journal of Law in the Built Environment, 1(02), 143-55.
Ilter, D, Cakmak, P I, Ustuner, Y A and Tas, E (2016) Toward a research roadmap for construction mediation. International Journal of Law in the Built Environment, 8(02), 176-90.
Jane, B (2010) Using banks: the effect of national attitudes to public intervention in mortgage lending and eviction in French and English law. International Journal of Law in the Built Environment, 2(02), 118–37.
Juli, P (2010) Housing discrimination and minorities in European cities: the Catalan Right to Housing Act 2007. International Journal of Law in the Built Environment, 2(02), 138–56.
Julian Sidoli del, C (2011) An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and Wales. International Journal of Law in the Built Environment, 3(02), 182–98.
Laitos, J G and Abel, T M (2013) Sites suitable for mixed use development in Britain and America. International Journal of Law in the Built Environment, 5(02), 137-55.
Lees, E and Shepherd, E (2015) Incoherence and incompatibility in planning law. International Journal of Law in the Built Environment, 7(02), 111-26.
Leshinsky, R (2012) Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia. International Journal of Law in the Built Environment, 4(02), 157-72.
Lindqvist, S (2012) The concept of transparency in the European Union's residential housing market: A theoretical framework. International Journal of Law in the Built Environment, 4(02), 99-115.
Luke, B (2011) Judges, child trespassers and occupiers' liability. International Journal of Law in the Built Environment, 3(02), 126–45.
Maree, C (2011) Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand. International Journal of Law in the Built Environment, 3(02), 113–25.
Meijer, F and Visscher, H (2017) Quality control of constructions: European trends and developments. International Journal of Law in the Built Environment, 9(02), 143-61.
Nasarre-Aznar, S (2015) “Robinhoodian” courts’ decisions on mortgage law in Spain. International Journal of Law in the Built Environment, 7(02), 127-47.
Nasarre-Aznar, S and Molina-Roig, E (2017) A legal perspective of current challenges of the Spanish residential rental market. International Journal of Law in the Built Environment, 9(02), 108-22.
O'Mahony, L F (2013) The meaning of home: from theory to practice. International Journal of Law in the Built Environment, 5(02), 156-71.
Padraic, K (2010) Can housing rights be applied to modern housing systems?. International Journal of Law in the Built Environment, 2(02), 103–17.
Patricia, N (2011) The use of mediation in preventing homelessness in England. International Journal of Law in the Built Environment, 3(02), 146–58.
Pedro, J B, Meijer, F and Visscher, H (2009) The Portuguese building regulation system: a critical review. International Journal of Law in the Built Environment, 1(02), 156-71.
Pratt, N (2015) The “by right” defence in village green registration. International Journal of Law in the Built Environment, 7(02), 96-110.
Rachelle, A (2011) Guest editorial: comparative research at the frontier of planning law: The case of compensation rights for land use regulations. International Journal of Law in the Built Environment, 3(02), 100–12.
Sherry, C (2009) The New South Wales strata and Community Titles Acts: A case study of legislatively created high rise and master planned communities. International Journal of Law in the Built Environment, 1(02), 130-42.
Sidoli del Ceno, J, George, H and Vols, M (2015) Adjudication in tenancy deposit scheme disputes: agents’ perspectives. International Journal of Law in the Built Environment, 7(02), 162-72.
Skaik, S (2017) Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives. International Journal of Law in the Built Environment, 9(02), 162-75.
Somerville, P (2013) Property and power in the English countryside: the case of housing. International Journal of Law in the Built Environment, 5(02), 100-17.
Trushell, I, Clark, B and Agapiou, A (2016) Construction mediation in Scotland: An investigation into attitudes and experiences of mediation practitioners. International Journal of Law in the Built Environment, 8(02), 101-22.
- Type: Journal Article
- Keywords: perceptions; scotland; qualitative analysis; mediation; construction mediators; quantitative analysis
- ISBN/ISSN:
- URL: https://doi.org/10.1108/IJLBE-09-2015-0014
- Abstract:
Purpose This paper aims to address the knowledge gap, by exploring the attitudes and experiences of mediators relative to the process, based on research with practitioners in Scotland. Recent research on construction mediation in Scotland has focused exclusively on construction lawyers’ and contractors’ interaction with the process, without reference to the views of mediators themselves. Design/methodology/approach The entire research design of this research was constrained by the small population of practising Scottish construction mediators (thought to be circa. 20 in 2013). The design encompassed a literature search, participant interviews, questionnaire survey and qualitative and quantitative data. The research questionnaire was designed to capture data related to the biography, training and experience of those interviewed before their opinion on the benefits of, and problems with, mediation were sought. Findings The results indicate that mediations failed because of ignorance, intransigence and over-confidence of the parties. Barriers to greater use of mediation in construction disputes were identified as the lack of skilled, experienced mediators, the continued popularity of adjudication and both lawyer and party resistance. Notwithstanding the English experience, Scottish mediators gave little support for mandating disputants to mediate before proceeding with court action. A surprising number were willing to give an evaluation of the dispute rather than merely facilitating a settlement. Originality/value There are few experienced construction mediators in Scotland, and the continued popularity of statutory adjudication is a significant barrier. Mediators believe that clients’ negative perceptions of mediation are a bigger barrier than lawyers’ perceptions. The mediators wanted judicial encouragement for mediation backed by some legislative support, mediation clauses incorporated into construction contracts and government adoption of mediation as the default process in its own contracts.
Vols, M, Tassenaar, P G and Jacobs, J P A M (2015) Anti-social behaviour and European protection against eviction. International Journal of Law in the Built Environment, 7(02), 148-61.
Wall, R, Ankrah, N and Charlson, J (2016) An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes. International Journal of Law in the Built Environment, 8(02), 137-60.
Wolfgang, A and Alexis, M (2010) Designing a new rental housing law for Romania. International Journal of Law in the Built Environment, 2(02), 157–77.
Ziegler, E H (2009) The case for megapolitan growth management in the twenty-first century: Regional urban planning and sustainable development in the USA. International Journal of Law in the Built Environment, 1(02), 105-29.