Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin

Disputes are inevitable elements in construction industry which must be solved within reasonable time; if not it may cause non compensable damages such as delays which may affect project performance. Thus, mediation as simple, rational, speedy and economical means of dispute resolution is needed. Th...

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Main Author:	Hussin, Siti Nurhayati
Format:	Thesis
Language:	English
Published:	2015
Subjects:	TH Building construction Malaysia
Online Access:	https://ir.uitm.edu.my/id/eprint/15235/1/TM_SITI%20NURHAYATI%20HUSSIN%20AP%2015_5.pdf
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id	my-uitm-ir.15235
record_format	uketd_dc
spelling	my-uitm-ir.152352022-03-09T07:25:09Z Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin 2015 Hussin, Siti Nurhayati TH Building construction Malaysia Disputes are inevitable elements in construction industry which must be solved within reasonable time; if not it may cause non compensable damages such as delays which may affect project performance. Thus, mediation as simple, rational, speedy and economical means of dispute resolution is needed. The practice of it has persistently being integrated as part of the construction industry; nevertheless the used of mediation is still at minimum level. This research aims to enhance the use of mediation in Malaysian construction industry by way of proposing factors to enhance the used of it. The objectives of the research are to explore the current development of mediation in construction industry; to determine the level of mediation being used in the settlement of disputes as well as to identify factors to enhance the use of mediation in construction industry. The research has adopted quantitative research method by way of questionnaire survey. The findings revealed that the current development of mediation in construction industry takes into place with the establishment of Alternative Disputes Resolution (ADR) institutions that related to mediation in Malaysia such as the Kuala Lumpur Regional Centre of Arbitration and Malaysian Mediation Centre (MMC), with functions to promote mediation as one of the options for the settlement of construction disputes under its rules and procedures. Continue with implementation in recent CIDB standard form of contract for building works edition 2000 and Agreement and conditions of PAM contract 2006. The enforcement of Mediation Act 2012 (Act 749) further develops and encourages toward active the implementation of mediation. Apart from that, various critical causes of dispute have been found and lack of registered mediation cases being observed due to perception that disputes become more complicated or even worse by participation of a third party. Thus, negotiation suggested as the most commonly method being used. Last but not least, raising awareness on advantages of mediation recommended as the most significant factors to enhance the use of mediation by. To conclude, construction industry can benefit from the mediation approach. Thus, the industry as a whole must collaborate and improve the adoption of mediation in Malaysian construction industry 2015 Thesis https://ir.uitm.edu.my/id/eprint/15235/ https://ir.uitm.edu.my/id/eprint/15235/1/TM_SITI%20NURHAYATI%20HUSSIN%20AP%2015_5.pdf text en public mphil masters Universiti Teknologi MARA Faculty Architecture, Planning and Surveying
institution	Universiti Teknologi MARA
collection	UiTM Institutional Repository
language	English
topic	TH Building construction Malaysia
spellingShingle	TH Building construction Malaysia Hussin, Siti Nurhayati Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin
description	Disputes are inevitable elements in construction industry which must be solved within reasonable time; if not it may cause non compensable damages such as delays which may affect project performance. Thus, mediation as simple, rational, speedy and economical means of dispute resolution is needed. The practice of it has persistently being integrated as part of the construction industry; nevertheless the used of mediation is still at minimum level. This research aims to enhance the use of mediation in Malaysian construction industry by way of proposing factors to enhance the used of it. The objectives of the research are to explore the current development of mediation in construction industry; to determine the level of mediation being used in the settlement of disputes as well as to identify factors to enhance the use of mediation in construction industry. The research has adopted quantitative research method by way of questionnaire survey. The findings revealed that the current development of mediation in construction industry takes into place with the establishment of Alternative Disputes Resolution (ADR) institutions that related to mediation in Malaysia such as the Kuala Lumpur Regional Centre of Arbitration and Malaysian Mediation Centre (MMC), with functions to promote mediation as one of the options for the settlement of construction disputes under its rules and procedures. Continue with implementation in recent CIDB standard form of contract for building works edition 2000 and Agreement and conditions of PAM contract 2006. The enforcement of Mediation Act 2012 (Act 749) further develops and encourages toward active the implementation of mediation. Apart from that, various critical causes of dispute have been found and lack of registered mediation cases being observed due to perception that disputes become more complicated or even worse by participation of a third party. Thus, negotiation suggested as the most commonly method being used. Last but not least, raising awareness on advantages of mediation recommended as the most significant factors to enhance the use of mediation by. To conclude, construction industry can benefit from the mediation approach. Thus, the industry as a whole must collaborate and improve the adoption of mediation in Malaysian construction industry
format	Thesis
qualification_name	Master of Philosophy (M.Phil.)
qualification_level	Master's degree
author	Hussin, Siti Nurhayati
author_facet	Hussin, Siti Nurhayati
author_sort	Hussin, Siti Nurhayati
title	Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin
title_short	Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin
title_full	Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin
title_fullStr	Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin
title_full_unstemmed	Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin
title_sort	factors to enhance the use of mediation in the malaysian construction industry / siti nurhayati hussin
granting_institution	Universiti Teknologi MARA
granting_department	Faculty Architecture, Planning and Surveying
publishDate	2015
url	https://ir.uitm.edu.my/id/eprint/15235/1/TM_SITI%20NURHAYATI%20HUSSIN%20AP%2015_5.pdf
_version_	1783733361110417408

Factors to enhance the use of mediation in the Malaysian construction industry / Siti Nurhayati Hussin

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