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1 – 10 of 68Nan Cao and Sai On Cheung
Voluntary participation (VP) has been identified as one of the characterizing features of mediation. This study aims to examine the value of VP in construction dispute mediation…
Abstract
Purpose
Voluntary participation (VP) has been identified as one of the characterizing features of mediation. This study aims to examine the value of VP in construction dispute mediation from two perspectives. Firstly, is VP a prerequisite of successful construction mediation. Secondly, does power asymmetry (PA) between the contracting parties marginalize the value of VP in fostering the use of mediation to resolve construction disputes.
Design/methodology/approach
Constructs of VP, PA and prerequisites of successful mediation were first developed. Principal component factor analysis was performed on data collected from the construction dispute resolution community to explore the underlying structure of the constructs. The relationships between the constructs were tested by structural equation modelling.
Findings
VP is found to be an important attribute of successful mediation. PA is also found to be inherent in construction contracting. This study identified three forms of PA: Resource, Information and Expectation. Moreover, this study found no conclusive empirical evidence to support that PA would marginalize the value of VP in fostering an attempt to construction dispute mediation. It is suggested that VP shall remain one of characterizing features of mediation.
Practical implications
The users, mediators and the judiciary should be aware of the importance of VP in mediation, irrespective of the use of mediation is contractual or court-encouraged. Although the presence of PA between the disputing parties, through participating voluntarily and ensuring the mediation process is flexible and fair, the chance of achieving a settlement would be enhanced.
Originality/value
VP has been viewed as one of the fundamentals of mediation. This study empirically supported this design concept. Furthermore, PA in construction contracting can be expressed as disparities in resource, information and expectation. Their existence presents no significant barrier to attempt of mediation. The flexible approach of mediation has been instrumental in overcoming the paradox between VP and PA. This study affirms the positive value of VP in fostering the use of construction dispute mediation.
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Rosie Kitson-Boyce and Palwinder Athwal-Kooner
The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different…
Abstract
Purpose
The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different methods used, their beliefs about restorative justice effectiveness, and its place within the criminal justice system. The study also sought to identify any challenges and positive experiences the participants encountered during their role as volunteers, with volunteering during the COVID-19 pandemic explored specifically.
Design/methodology/approach
Data was collected from the participants (n = 5) via semi-structured interviews and analysed using thematic analysis, thus enabling patterns within the experience of the volunteers to be identified.
Findings
A prior understanding and interest in restorative justice was evident within the data, with participants demonstrating a preference for direct, face-to-face mediation. The perceived lack of support from external agencies was discussed along with the role of education in their volunteering experience. Finally, it was acknowledged that although face-to-face practice was deemed the most effective overall, certain practices adopted during COVID-19 enabled aspects of the role to be carried out more efficiently and equally as effectively.
Practical implications
The findings from this study draw out real-world implications, producing tangible action points for restorative justice services. Some tentative suggestions for future practice are outlined.
Originality/value
The volunteers’ role within restorative justice is often overlooked within the literature (Paul and Borton, 2013) and time constraints can add additional barriers to a hard-to-reach population. However, volunteers play a vital role in restorative justice. By exploring and listening to the volunteers’ experience, this study expands an additional strand within the literature in terms of what makes restorative justice effective and the challenges that are faced from a volunteer perspective.
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With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…
Abstract
Purpose
With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.
Design/methodology/approach
The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.
Findings
The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.
Social implications
Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.
Originality/value
This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
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Sanjana Parwani and Asim Kumar Talukdar
The sexual minority groups in India seem to be suffering from continued social exclusion affecting their mental health. This study aims to investigate the effect of the hostile…
Abstract
Purpose
The sexual minority groups in India seem to be suffering from continued social exclusion affecting their mental health. This study aims to investigate the effect of the hostile attitude of society and lack of social support on the mental health of the Indian LGBT+ members.
Design/methodology/approach
Hypotheses were developed by drawing theories and concepts from the literature and were tested using the partial least square–structural equation model with a sample size of 151 of the Indian LGBT+ community.
Findings
The findings showed a strong negative effect of the hostile attitude of society on the mental health of the Indian LGBT+ community. The findings further showed that weak problem-focused and emotion-focused coping self-efficacy negatively mediated the relationship between the hostile attitude of society and mental health, while lack of social support negatively moderated the relationship between the hostile attitude of society and both problem-focused and emotion-focused coping self-efficacy of the Indian LGBT+ community.
Originality/value
This study makes a novel and significant theoretical contribution by investigating the effect of the hostile attitude of society and the lack of social support on the mental health of the Indian LGBT+ community members. This study also makes a significant practical contribution in underpinning the urgent need for social inclusion and support to improve the mental health of Indian LGBT+ community members, which is currently in dire condition.
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Pratibha Rai, Priya Gupta and Bhawna Parewa
Task conflict and relationship conflict are common in organizations. This paper aims to present a unique case of the use of the targeted conflict-resolution technique. The revival…
Abstract
Purpose
Task conflict and relationship conflict are common in organizations. This paper aims to present a unique case of the use of the targeted conflict-resolution technique. The revival of positive group dynamics is aptly shown.
Design/methodology/approach
This descriptive case study is developed as a practice insight to showcase how a peculiar case of misunderstanding is resolved in the most unconventional way through the intervention of a mediator who unearths the real cause of contention. The mediator works through logic and emotion to remove negativity. Narration, a necessary component of the case study approach, peeps into the research subject involving flashbacks, flash forward, backstories and foreshadowing. The mediator uses reframing as a tool very efficiently, encouraging the people in conflict to understand the nothingness in their cold war and eventually prompting them to collaborate and compromise.
Findings
The shifts in communication dynamics post-mediator’s intervention are subtle and full of wisdom, encouraging introspection and constructive interaction, eventually bridging the differences. The possibility of achieving a state of homeostasis in the future magnifies. The belief in the power of affirmation and manifestation is validated. The heavy, difficult, hardened negativity loses ground and gets transformed.
Social implications
Conversation/prayers at the deepest level in several meetings are the communication tools that have immense social relevance in the Indian context.
Originality/value
A unique combination of intermediation encompassing written communication and energy transformation is adopted to resolve ongoing conflict by stroking the positive psychology of the partakers. To some, the method may appear to have a spiritual connotation.
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Kathrin Kölbl, Cornelia Blank, Wolfgang Schobersberger and Mike Peters
This study aims to address customer focus as an important component of total quality management (TQM) and explore the key drivers of member satisfaction in tennis clubs via a…
Abstract
Purpose
This study aims to address customer focus as an important component of total quality management (TQM) and explore the key drivers of member satisfaction in tennis clubs via a novel theory-based member satisfaction index (MSI) model with high explanatory and predictive power. Furthermore, the study aims to investigate the relationship between satisfaction and behavioral intentions (willingness to stay; WTS) with consideration of the mediating effect of identification with the club.
Design/methodology/approach
This study uses variance-based partial least squares structural equation modeling (PLS-SEM) to estimate the MSI model, which was tested in a leading tennis club in Germany (n = 185).
Findings
The results reveal that club atmosphere, club facilities and the price/quality ratio of the membership fee are the most important drivers of member satisfaction in tennis clubs. Member satisfaction has a large influence on the WTS of tennis club members. Identification with the club, when included as a mediator in the model, increases the variance explained in WTS considerably.
Research limitations/implications
The small sample limits the generalizability of findings, and further research is recommended.
Practical implications
The MSI model is a useful benchmark tool for club managers who want to quantify the satisfaction and WTS of their club members. In addition, because of the integrated formative measurement models, the PLS-SEM results show which indicators can be used to positively impact satisfaction with each of the service quality dimensions, overall member satisfaction and WTS. The most important of these results are discussed in an importance-performance map analysis.
Originality/value
The MSI model is a multi-attribute index model through which members' evaluations of various dimensions of service and value are derived through multivariable linear function with each dimension weighted according to its importance in one holistic model. The model shows the strong impact of satisfaction on WTS of sports club members and reveals that findings of previous research on the relationship between fan and spectator identification and loyalty are transferable to sports club members. The MSI represents a new contribution to the literature; it was applied here to tennis clubs but is also suitable for application to other sports clubs.
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Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran and Mahmoud Abdelgawwad Abdelhady
This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which…
Abstract
Purpose
This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country’s evolving private law framework.
Design/methodology/approach
This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade.
Findings
The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms.
Originality/value
It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom’s ambivalent investment law regime.
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Issaka Ndekugri, Ana Karina Silverio and Jim Mason
States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act…
Abstract
Purpose
States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap.
Design/methodology/approach
Legal research methods and case study approaches, using relevant court decisions as data, were adopted.
Findings
The enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court.
Originality/value
The paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made.
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Patrizio Monfardini, Silvia Macchia and Davide Eltrudis
Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of…
Abstract
Purpose
Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.
Design/methodology/approach
The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.
Findings
The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.
Originality/value
Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.
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Attia Aman-Ullah, Anis Ali, Antonio Ariza-Montes, Waqas Mehmood and Ummi Naiemah Saraih
The present study aims to test the impact of workplace incivility and violence on doctors' turnover intentions. Besides, the present study also tested the mediating role of…
Abstract
Purpose
The present study aims to test the impact of workplace incivility and violence on doctors' turnover intentions. Besides, the present study also tested the mediating role of employees' burnout.
Design/methodology/approach
The population of the present study was doctors working in 20 public sector hospitals. Where 250 doctors working in emergency departments participated, the sample size was calculated through Krejcie and Morgan's table. The data analysis was conducted through SPSS and Smart-PLS.
Findings
Results of the present study supported all the relationships except the relationship between workplace violence and turnover intentions. More specifically, relationship between workplace incivility and turnover intentions was confirmed, and mediation effect of doctors' burnout was also confirmed.
Originality/value
This present study is novel in a way that this study framed the study model using conservative resource theory and social cognitive theory covering both employees cognitive and external factors. Further, the nexus “workplace incivility → workplace violence → job burnout → turnover intentions” was tested for the first time, hence making a valuable addition to the body of literature. Further this study is a contribution to healthcare literature in context of incivility, violence, burnout, and turnover. Burnout is first time explored as moderator with workplace incivility which is another contribution.
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