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The purpose of this research is to discover the behavior of dispute resolution in the Malaysian construction industry by analyzing factors that affect the selection of dispute resolution methods using factor analysis approach.

Preliminary interviews and a questionnaire survey were conducted. Dispute resolution methods were grouped and discussed together, based on the similarity of their characteristics, and used for the questionnaire survey. This research approach is different from the earlier studies that mostly focused on a single dispute resolution method. The data were further analyzed with factor analysis. This improved the data interpretation.

Seven latent factors were extracted and revealed that the contractors and developers preferred alternative dispute resolution (ADR). However, the appreciation of the outcomes of ADR was perceived to be very low. Arbitration and litigation were in part accepted and agreed upon by the respondents.

The combined results from the literature review on the stages of dispute resolution and the latent factors affecting the selection of dispute resolution methods could assist in decision making. The selection of ADR or non‐ADR itself is not a major issue; rather, there is a concern for increased efficiency and an appreciation of the methods in the construction industry are more demanding.

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.

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.

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.

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.

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.

Strong and independent judiciary symbolizes transparency and impartiality in the dispute resolution process. However, litigation is often time-consuming and affects the working relationship between the disputants. In the construction context, where projects typically have a short life span of three to four years, dispute resolution through litigation induces unaffordable process delays. Despite the inherent challenges associated with litigation, it is observed that disputing parties resort to litigation. This behavior, called the litigation dilemma, ostensibly appears counterintuitive to rational decision-making.

The study identifies 35 “decision to litigate” (DTL)-triggers from a review of the literature and court cases followed by expert interviews and groups them into thematic research domains using Exploratory Factor Analysis (EFA) followed by Confirmatory Factor Analysis (CFA).

DTL studies in construction stands benefited through interdisciplinary research. “Presumptuous decision-making,” “construction project characteristics,” “milieu influence,” “interest in amicable resolution,” “positional focus” and “opportunism” are the six focus areas to decode the DTL in construction.

The study identifies factors that consolidate the knowledge from various fields with the substantive experience of construction professionals from across the world to help understand the dynamics behind the DTL in the context of contract-linked disputes in construction.

The findings from the domains of law, behavior, sociology and economics can help understand the above dilemma in the context of contractual disputes in construction. However, studies that explore the “decision to litigate” (DTL) contractual disputes in construction are limited, providing a vast scope for further research. The current study addresses a part of this gap.

This paper aims to outline the state-of-the-art and research contributions in the construction mediation domain to determine whether existing research is compatible with a future scenario envisioning a wider adoption and more systemised use of mediation in the construction industry and to develop a research agenda based on key challenges facing mediation.

A systematic procedure based on keywords was adopted for the selection of relevant research contributions in the area, and a meta-classification framework has been designed based on independent classifications of the content, method and authorship to analyse the publications.

Research contributions in the past decade mostly focused on perceptions of professionals on mediation and the dynamics of the mediation process and mediator tactics. Based on the challenges identified, proposed research agenda includes court-connected mediation, mediation in public projects, project mediation, documentation of case studies of mediation applications and use of IT in mediation.

The publications investigated in this study are limited to scholarly articles published in the mainstream construction management journals and can be expanded to books or articles published in law journals if required.

Existing literature includes important contributions regarding many aspects of construction mediation, however, a holistic agenda is lacking to overcome the key challenges to the widespread use of mediation in the construction sector. The research directions presented in this paper is expected to contribute to the proliferation of the neglected areas and constitute the basis for the development of a research roadmap in the construction mediation domain.

The purpose of this paper is to analyse the historical development and characteristics of labour disputes in China, including their growth, collective disputes, regional differences, direct causes and the impact of economic ownership on labour disputes.

This paper critically reviews the existing literature and analyses official government statistics.

Individual and collective labour disputes have been on the rise since 1978 when China embarked on market‐oriented economic reforms. The considerable regional variations in labour disputes are closely associated with regional economic growth, the restructuring of state‐owned enterprises (SOEs) and development of non‐SOEs. While non‐payment or delayed payment, job losses and industrial accidents resulting from poor labour protection are the three major causes of labour disputes, management corruption and mismanagement sometimes fuel the anger of already disgruntled workers. The nature of economic ownership also impacts on how labour conflicts occur.

This paper investigates labour disputes in China, an important phenomenon which is currently increasing but has not been much studied. It therefore develops a better understanding of their historical development and characteristics. Such an understanding is critical to resolving labour disputes and preventing them from occurring in the future.

The purpose of this paper is to identify and analyse factors that affect contractors’ behavioural strategies in resolving disputed claims.

Factors were explored by a literature review and an open-ended questionnaire survey. In total, 9 hypotheses involving 12 factors were developed accordingly. Then a structured questionnaire survey was conducted, and 248 valid questionnaires were received from Chinese contractors. Partial least squares structural equation modelling was employed to test the hypotheses.

Factors that have the largest impacts on the contractual approach and the relational approach regarding obliging and compromising are favourability of evidence, time pressure and reputation, respectively. Unexpected results show that obliging behaviours are negatively correlated with procedural fairness but positively correlated with occurrence time of the dispute.

The results are based on correlation, although the research design improves the internal validity. Furthermore, this study belongs to single-level research. In the future, researchers can conduct multilevel research to enrich theories.

The findings not only enhance practitioners’ understanding of the factors influencing contractors’ behavioural strategies when dealing with disputed claims, but also offer insights into both parties’ ex ante focus of attention on specific factors to facilitate the subsequent dispute resolution.

This study furnishes a nuanced picture of multiple factors’ impacts on contractors’ behavioural strategies of claim-related dispute resolution, and thus supplements the relevant construction dispute management literature. From the perspective of contractual governance, it is one of those exploring drivers of contract application in problem situations. It extends the body of knowledge on this topic and hopefully will encourage more research on contractual governance from the reactive perspective.

The purpose of this paper is to introduce new economic psychology theories that can explain fraud, misconduct and non-compliance that may arise from the implementation and enforcement of accounting standards codification (ASC) 805/350, international financial reporting standards (IFRS) 3R and IAS-38.

The approach is entirely theoretical. The paper analyzes existing theories about real options and enforcement of regulations/statutes, and introduces new psychological biases that can arise.

The real options approach suggested for handling the enforcement of goodwill/intangibles regulations is not effective.

The research is limited to international accounting standards board (IASB)/IFRS and financial accounting standards board (FASB) accounting standards.

The critiques and theories developed in the paper can be used in the analysis of selection of disputes for litigation, anti-corruption programs and regulation of transactions that are susceptible to fraud.

Arbitration – a binding private third-party adjudication – has been the primary legal way for resolution of consumer disputes. Consumers, however, rarely use arbitration to resolve their disputes while evidence suggests that their disputes remain unresolved. Contrary to the current prevailing emphasis on who is winning in arbitration, this study aims to establish that consumers believe that the court is more just than arbitration, regardless of the outcome. This study further establishes that consumers’ perceived poor legitimacy and lack of familiarity, not cost calculation, are what drive their justice perception.

In three experimental studies, participants were presented with scenarios in which they were to envision themselves amid a consumer dispute. The scenarios were followed by survey questions that examined individuals’ perceptions of justice. Three mediating variables of legitimacy, cost and familiarity were also examined.

The results suggest that consumers hold a high perception of justice for court as opposed to arbitration. Even though a favorable outcome increases consumers’ perception of justice, the results suggest that consumers find courts to be fairer regardless of the outcome. Familiarity and legitimacy mediate this relationship, not cost.

Current research does not provide an adequate explanation for consumers’ underutilization of arbitration nor does it focus on correct factors. Studies in psychology and law primarily focus on ex post feelings of individuals after dispute resolution, ex post favorable outcomes and ex ante cost–benefit analysis. To the best of the authors’ knowledge, the present study for the first time analyzes ex ante consumer perception of justice.

This article investigates recent studies of construction law in different areas, including civil engineering; construction building technology; transportation; multidisciplinary studies and the environment, as well as their changing trends in the years between 2000 and 2019.

The transformation trend of construction law is investigated based on collecting main keywords from the Web of Science (WoS) database selectively from different viewpoints and using Scientometric Analysis by CiteSpace and HistCite software. The top journals, top universities, and the most active countries in publishing and expanding construction law, keyword co-occurrence network, top keywords with the strongest citation bursts, cluster analysis, the most cited articles are determined both generally and yearly.

By interpreting the Scientometric results, focal points of legal issues and their changing trends during the last two decades are reviewed. Scholars’ data concerning interesting topics, construction law industry future needs, knowledge gaps, and speculation about future views and direction are obtained.

Restrictions on data search, limiting the category of studies to a specific domain, and limiting research time to 20 years are some limitations of this article.

All these results address legal issues, comprehensive laws, plenary contracts, and efficient dispute resolution based on cultures and themes.

Given the importance of legal issues at all stages of the construction cycle, a review of this multidisciplinary and new science over the past two decades can provide hot issues, knowledge gaps, and a better view of the future.

Patent litigation has been rising rapidly in the United States since the mid-1980s, and particularly so in high-technology industries. The strategies pursued by firms with their patents have a significant influence on their decisions to file suit, and on the outcomes within litigation. The influence of strategic motivations on settlement outcomes is studied in two illustratively different industries – computers and research medicines. Evidence is found for two types of influences – the use of patents (as isolating mechanisms) to protect valuable strategic stakes, and their “defensive” role in obtaining access to external technologies (through mutual hold-up).