Toward a typology of construction mediator tactics

Abstract

The use of assisted negotiation plays a pivotal role in dispute settlement. Mediation is a notable example and has gained popularity because of the cost and time advantages. In a mediation, the tactics used by the mediator can be decisive. Construction has been described as a litigious industry and despite the vast numbers of mediation conducted, research on mediator tactics remains few. This paper reports a study directed at developing a typology of tactics used in construction mediation. Mediator tactics and mediation outcomes were firstly long listed from review of literatures. Data on the usefulness of tactics used and the outcome achieved were solicited from practicing mediator. Exploratory Factor Analysis (EFA) and Cluster Analysis (CA) were then used to identify the group structures. The results obtained from these two statistical tools were compared using the approach suggested by Newby et al. [Associations of empirically derived eating patterns with plasma lipid biomarkers: a comparison of factor and CA methods. American Journal of Clinical Nutrition 2004;80:759–67]. As such, the group structure obtained from the EFA was preferred than those from the CA. This finding supports the general observation that the structure of EFA is more adaptive. The grouping is further confirmed by a structural equation modeling (SEM) and provides a convenient platform for further research in construction mediation. The potential applications of the typology include effectiveness of construction mediator, behavior and strategic choice of tactics. Furthermore, with a typology of construction mediator tactics, the application can also be extended to study the responses of disputants respective to mediator tactics. It is believed that these applications are of both academic and practical value to the development of construction mediation.