{"title":"南非建筑从业者对替代性争议解决方法的实施","authors":"J. Laubscher, T. (Wilcocks) Gaum","doi":"10.18820/24150487/AS26I1.4","DOIUrl":null,"url":null,"abstract":"Disputes within the built environment are usually diverse, with their complexity often depending on the number of role players and difficulty of the construction project. Disputes can be resolved through litigation, but this is often costly and time consuming. A study in 2012 reveals that, among others, arbitration, mediation, negotiation and adjudi cation are different forms of Alternative Dispute-Resolution (ADR) methods preferred and used to resolve disputes in the built environment. This article professionals and candidates to determine the implementation of ADR methods. This questionnaire was distrusted by the Chief Operations Officer, Mrs Barbara van Stade to the aforementioned SACAP database. The survey response amounted to 396 participating architectural practitioners, resulting in 2.91% of registered architectural professionals and candidates in the South African built environment. Consequently, this is the most comprehensive study on the preferred use of ADR methods by architectural practitioners in the built environment of South Africa. This study specifically focuses on architectural practitioners who have been involved in settling disputes between the period of 2012 to 2016. The findings reveal a shifting preference in ADR methods used since what the previous study found in 2012. Although previous studies indicate adjudication as the preferred method to resolve disputes, the data reveals that architectural practitioners increasingly make use of negotiation, followed by mediation and then arbitration. This study identifies current ADR trends, and provides a perspective on the future development of ADR mechanisms for architectural professionals in the South African built environment.","PeriodicalId":42571,"journal":{"name":"Acta Structilia","volume":" ","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2019-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The implementation of alternative dispute-resolution methods by architectural practitioners in South Africa\",\"authors\":\"J. Laubscher, T. (Wilcocks) Gaum\",\"doi\":\"10.18820/24150487/AS26I1.4\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Disputes within the built environment are usually diverse, with their complexity often depending on the number of role players and difficulty of the construction project. Disputes can be resolved through litigation, but this is often costly and time consuming. 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引用次数: 1
摘要
建筑环境中的争议通常是多样的,其复杂性通常取决于角色的数量和建筑项目的难度。纠纷可以通过诉讼解决,但这通常成本高昂且耗时。2012年的一项研究表明,除其他外,仲裁、调解、谈判和调解是在建筑环境中解决争议的首选和使用的不同形式的替代争议解决(ADR)方法。本文确定了专业人员和候选人实施ADR的方法。首席运营官Barbara van Stade女士对上述SACAP数据库不信任该问卷。该调查共有396名建筑从业者参与,占南非建筑环境中注册建筑专业人员和候选人的2.91%。因此,这是关于建筑从业者在南非建筑环境中首选ADR方法的最全面的研究。本研究特别关注2012年至2016年间参与解决纠纷的建筑从业者。这些发现揭示了自2012年之前的研究发现以来,人们对ADR方法的偏好发生了变化。尽管先前的研究表明,裁决是解决争议的首选方法,但数据显示,建筑从业者越来越多地使用谈判,然后是调解,然后是仲裁。本研究确定了当前的ADR趋势,并为南非建筑环境中建筑专业人员的ADR机制的未来发展提供了一个视角。
The implementation of alternative dispute-resolution methods by architectural practitioners in South Africa
Disputes within the built environment are usually diverse, with their complexity often depending on the number of role players and difficulty of the construction project. Disputes can be resolved through litigation, but this is often costly and time consuming. A study in 2012 reveals that, among others, arbitration, mediation, negotiation and adjudi cation are different forms of Alternative Dispute-Resolution (ADR) methods preferred and used to resolve disputes in the built environment. This article professionals and candidates to determine the implementation of ADR methods. This questionnaire was distrusted by the Chief Operations Officer, Mrs Barbara van Stade to the aforementioned SACAP database. The survey response amounted to 396 participating architectural practitioners, resulting in 2.91% of registered architectural professionals and candidates in the South African built environment. Consequently, this is the most comprehensive study on the preferred use of ADR methods by architectural practitioners in the built environment of South Africa. This study specifically focuses on architectural practitioners who have been involved in settling disputes between the period of 2012 to 2016. The findings reveal a shifting preference in ADR methods used since what the previous study found in 2012. Although previous studies indicate adjudication as the preferred method to resolve disputes, the data reveals that architectural practitioners increasingly make use of negotiation, followed by mediation and then arbitration. This study identifies current ADR trends, and provides a perspective on the future development of ADR mechanisms for architectural professionals in the South African built environment.