• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.357-363
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• 2011

Mediation has long been praised as one of effective dispute resolution methods in the area of construction law. Article 85-1 of the Taiwan Government Procurement Act was amended and promulgated by presidential decree on July 4, 2007. The second paragraph of the Article elaborates explicitly, "In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the agency may not object to such application." Beyond that, if an unsuccessful mediation of a construction dispute is due to the agency's disagreeing with the proposal or resolution for mediation proposed by the Complaint Review Board for Government Procurement ("CRBGP"), the agency may not object to the arbitration filed by the supplier. It undoubtedly reinforces the importance of the mediation-arbitration procedure. Accordingly, this paper elaborates on the mediation mechanism in Taiwan in the framework of construction disputes first. After that, dispute resolution of a local public work case is provided to demonstrate the practice of construction mediation in Taiwan. Lastly, this study proposes suggestions on applying mediation to ease similar subsequent cases.

• 한국환경과학회지
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• 제32권10호
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• pp.693-701
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• 2023

In this study, we analyzed 82 dust damage dispute mediation cases over the past 5 years and evaluated cases where the probability of damage was verified through dust concentration measurement, modeling prediction, and chemical composition analysis. The cause of dust damage was a construction site, which accounted for most of the damage (97%), and was closely related to the distance from the construction site, total floor area of the construction site, and construction duration. Compensation was decided in only 33% of dust damage cases, and in only 6% (five cases) were damages determined using scientific techniques such as dust measurement, and forecasting. The main criteria for determining compensation were whether administrative measures were taken and evidence of damage in the form of videos and photos. In the future, measuring or model for the amount of dust damage is necessary to determine whether the limit has been exceeded and to revise the standard for calculating compensation through various lines of evidence of dust damage.

• 한국소음진동공학회:학술대회논문집
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• 한국소음진동공학회 2007년도 추계학술대회논문집
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• pp.258-262
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• 2007

Recently people have come to demand more pleasant environments as the quality and right of life have been improved. Along with industrial development, the tendency is causing a growing number of disputes concerning environmental damages. Of many kind of environmental damages, noise and vibration pollution rising at construction fields are particularly the most common subjects of public grievance. Thus the government launched the Environments Dispute Mediation Committee in 1991, purposing to utilize fully the promptness and expertise of administrative institutes and to resolve environmental damage disputes promptly and fairly by interfering in them actively. With the prompt and fair dispute mediations of the committee, people came to be able to get fair and prompt remedies for damages in their health and fortune by environmental pollution. Therefore, by analyzing dispute mediation cases on construction noise and vibration damages, we will suggests basic material on which efficient actions can be takes for public grievances happening in the future.

• 건설관리
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• 제12권6호
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• pp.59-66
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• 2011

• 한국건설관리학회논문집
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• 제21권4호
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• pp.3-11
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• 2020

건설사업의 기획단계부터 설계단계에 미처 반영되지 못해 문제가 잠재되거나, 공사계약이행단계에서 다양한 변경요인이 있음에도 제대로 대처하지 못할 경우 건설계약과 관련하여 문제가 발생하게 된다. 그러므로 건설공사계약에는 반드시 분쟁의 해결절차를 명시하고 있다. 건설분쟁은 공공공사와 같이 대규모 건설현장 뿐만 아니라 소규모 민간건설현장에서도 발생되고 있다. 지금까지 우리나라에서는 건설분쟁의 해결절차개선과 관련하여 다수의 논의가 있었으나 건설분쟁해결절차와 관련된 문제가 근본적으로 해결되지 못하였다. 따라서 본 연구에서는 다음과 같은 사항을 제시하였다. 첫째, 가칭 건설분쟁조정법률을 제정하여 건설계약분쟁을 다룰 수 있는 가칭 건설분쟁조정중재원의 설립근거를 마련하고, 조정, 중재 등의 업무를 다루도록 해야 한다. 둘째, 민간 및 공공부문의 건설계약분쟁을 담당할 수 있도록 가칭 건설분쟁조정중재원의 업무는 현장협의체지원, 조정, 중재 등의 업무로 한정해야 한다. 셋째, 건설계약분쟁해결을 위해 계약체결시 조정이나 중재중 선택하도록 하고, 계약이행중에는 현장협의체를 운용하도록 해야 한다. 넷째, 분쟁처리기구는 상설기구로 하고, 전국 각지에 지부를 운영해야 한다. 다섯째, 다양한 영역의 건설전문가들을 위원으로 참여시켜 신속하게 건설계약분쟁이 처리될 수 있도록 해야 한다. 마지막으로, 건설계약분쟁처리기구의 단일화와 함께 건설분쟁처리절차를 명시하고 있는 관련법령을 개정해야 한다.

• 한국소음진동공학회:학술대회논문집
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• 한국소음진동공학회 2001년도 추계학술대회논문집 I
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• pp.108-113
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• 2001

Recently people have come to demand more pleasant environments as the quality and right of life have been improved. Along with industrial development, the tendency is causing a growing number of disputes concerning environmental damages. Of many kinds of environmental damages, noise and vibration pollution rising at construction fields are particularly the most common subjects of public grievance. Thus the government launched the Environmental Dispute Mediation Committee in 1991, purposing to utilize fully the promptness and expertise of administrative institutes and to resolve environmental damage disputes promptly and fairly by interfering in them actively. With the prompt and fair dispute mediations of the committee, people came to be able to get fair and prompt remedies for damages in their health and fortune by environmental pollution. Therefore, by analyzing dispute mediation cases on construction noise and vibration damages, we will suggest basic material on which efficient actions can be taken for public grievances happening in the future.

• 교통기술과정책
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• 제8권2호
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• pp.15-24
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• 2011

• 공학교육연구
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• 제22권3호
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• pp.32-40
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• 2019

This paper deals with the effects of teamwork competence on problem solving ability through the mediating effect of creative personality for the engineering students. For this purpose, a regression-based statistical mediation analysis has been performed for a simple mediation model in which teamwork competence and problem solving ability were treated as independent and dependent variables respectively, and creative personality was included as a mediation variable. The analysis results showed that the teamwork competence has direct effect on the problem solving ability as well as indirect effect through the creative personality. This result implies that the problem solving ability can be improved directly by improving the teamwork competence, and moreover, it can be further improved indirectly or through the mediation effect by improving the creative personality. Thus, in order to develop excellent problem solving ability, it is necessary to form team members in a balanced way between teamwork competence and creative personality in the team-based learning.

• 한국소음진동공학회:학술대회논문집
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• 한국소음진동공학회 2008년도 춘계학술대회논문집
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• pp.879-881
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• 2008

The construction noise and vibration is a serious social problem in the downtown. This results in many expenses and delays of construction process because of the satisfactory settlement of popular complaints. In this study, we analyze the dispute mediation cases on the damages of construction noise and vibration and the noise and vibration condition in construction sites by using questionnaire surveys.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.350-356
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• 2011

Early neutral evaluation (ENE) is a fairly recent form of alternative dispute resolution procedure used in the construction industry. In the UK, ENE is usually carried out on an entirely without prejudice basis, however the parties may agree that any or part of it may be referred to at trial or any subsequent hearing. The early neutral evaluation consists of a preliminary assessment of the issues in dispute for use as a basis for negotiations which may result in a settlement of the dispute. An independent person is appointed by the parties who reviews the case and provides an opinion, in written form and in some detail, with reasons on the merits of the matters in dispute. The opinion is non-binding but provides the parties with what in the opinion of the independent person a formal tribunal may decide whether a court or an arbitrator, if the dispute is not resolved. However, ENE has yet to take off in the construction industry in the UK. This paper will explain this procedure and explore the use of it in the UK and internationally, considering the benefits and drawbacks of its use. It will consider whether or not it is more effective than other early resolution forms such as mediation and adjudication. It will argue and conclude that it is a very useful cost effective procedure, particularly in the resolution of complex disputes, whether local or international.