• Title/Summary/Keyword: dispute factors

Search Result 92, Processing Time 0.026 seconds

Analysis of Relationship between Teamwork Attitude and the Job Satisfaction of Project Participants

  • Acharya Nirmal Kumar;Kim Hyung-Soo;Lee Young-Dai
    • Korean Journal of Construction Engineering and Management
    • /
    • v.7 no.4 s.32
    • /
    • pp.164-176
    • /
    • 2006
  • Conflict may occur during teamwork activities. Conflict is the incompatibility of interest of participants; hence, it is more common in a wide varied activities involved construction field. Goals and values involve positive or negative features and are therefore common sources of conflict in construction field. Excessive conflict is a major hindrance to the effective operation of a team. If the conflict is not managed timely and properly, it could be transformed into a big dispute, thus to avoid these situation, it is necessary to augment working together culture. This paper aims to identify project team working factors and to uncover underlying relationships between these factors. A questionnaire survey was used to collect data from professionals. Factor analysis was employed to categorize twenty-one teamwork items evaluated by 169 respondents working in three major construction parties namely, owners, consultants and contractors. Factor analysis uncover that these team work factors can be grouped under three categories titled as: integrative working culture, relationship building and trust building. Multiple regression analysis however, showed that relationship building factor does not influence job satisfaction of project participants. Results of this study can be used as a tool to strengthening relationship between project participants in the construction industry.

The Study on the Analysis of Factors Decreasing Construction Labor-Productivity Using AHP Method (AHP기법을 이용한 건설노동생산성 저하요인 분석에 관한 연구)

  • Pyo Young-Min;Bae Soo-Yong;Ryu Hyoung-Han;Lee Sang-Beom
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2005.05a
    • /
    • pp.141-147
    • /
    • 2005
  • Usually, processing whole project or a part of frame work delays due to acceleration, changing orders, management, characters of project. overtime, worker crowding, early occupation in the field of construction. Through a whole project, these factors cause decreasing construction labor-productivity which is the most dependent in business of construction. These kind of decreasing of construction labor-productivity cause many negative effects, just as extension of time, increasing cost in project of construction. Regardless of characters of construction or decreasing labor-productivity, extension of time is a incident which needs acceleration, also it cause a high possibility of claim and dispute. The productivity has just a broad meaning in business of construction. That's why it's difficult to apply in the field of construction. Especially, factors increasing or decreasing labor-productivity is defined by analysis of working as qualitative and outlined evaluation. However, study of the each factor decreasing construction labor-productivity analysis has not researched, because of difficulty of systematic measurement and management. The existed studies about management of productivity are just focused on estimation of productivity, not on evaluation of productivity. It was true that I couldn't examine clearly about the analysis of how much important per each the factor which have influence on labor-productivity because of the characteristic as qualitative that the labor productivity have On this study, i tried to get the factors decreasing of labor- productivity with gathering opinions of panels of expert's studies about the factors decreasing of labor-productivity on project of construction through Delphi method and i evaluated the result factors as quantitatively and subjectively about importance of factors decreasing construction labor-productivity Analysis, using AHP Method by Saaty. Also, using Delphi and AHP method, 1 suggest substantiated method qualitative factors are measured by quantitative criteria.

  • PDF

Revitalization of the Conciliation System for Defect Disputes Related to Apartment Buildings - On the Technical Issue - (공동주택 하자분쟁 조정제도의 활성화 방안- 기술적 쟁점사항에 대한 대응전략을 중심으로 -)

  • Park, Jun-Mo;Kim, Ok-Kyue;Kim, Jin-Lee
    • Journal of the Korea Institute of Building Construction
    • /
    • v.11 no.3
    • /
    • pp.208-220
    • /
    • 2011
  • Recently, the arbitration system for defect disputes has been introduced to settle the disputes arising from defects in apartment buildings. However, the conciliation system did not reflect the current technical issues of defect disputes and the opinions of each party involved in the disputes. Moreover, it revealed more imperfections in the content and the process of the system itself. Therefore, this study aims to review the technical aspects of defect disputes, and suggest an alternative to the conventional conciliation system. This paper also discusses logical factors that can be addressed for the current subjective judgment. It is recommended that each party involved in the defect dispute build mutual trust in order to meet social needs, which is the underlying support for the revitalization of the institutional level.

Perspective on Maritime Boundary Delimitation through Oil and Gas Development Dispute between China and Japan in the East China Sea (동중국해 중.일 유전 개발 분쟁을 통해 본 양국의 해양경계획정에 대한 입장 연구)

  • Yang, Hee-Cheol;Park, Seong-Wook;Park, Se-Hun
    • Ocean and Polar Research
    • /
    • v.28 no.2
    • /
    • pp.175-186
    • /
    • 2006
  • There are disputes for oil and gas development between China and Japan in the East China Sea. These involve the area where China is already carrying out activities of oil and gas development and where Japan is proclaiming its EEZ. China insists that the Chinese activities on oil and gas development area are being carried out within the Chinese jurisdictional waters even if the median line principle of Japanese proclamation is applied in delimitation. Indeed, the permit for Japanese development is causing disputes between China and Japan because its permit allows development in the waters adjacent to Chinese development area. h the event, the core of this dispute around the oil and gas field in the East China Sea relates to issues of maritime boundary delimitation and issues of resources acquisition with both states. Chinese policy on oil and gas development is to first consider development issues in accordance with a median line principle where waters toward to China from the median line should be developed by China and the area toward Japan from the median line within the Chinese continental shelf should be jointly developed. However, the Japanese position is that the East China Sea should be jointly developed, and Japan hopes to eventually convince China to accept its median line delimitation. With on-going development of such issues, Korea should establish a strategy of negotiation based on analyses of resource distributional conditions and other strategic factors in the Korean delimitation area. In particular, Korea should prepare and make the best use of joint development zone established in an agreement between the ROK and Japan concerning the development of the southern part of continental shelf adjacent to both states.

An Empirical Analysis on Critical Factors in Reaching Mediation Agreements (조정합의 성립의 결정요인에 대한 실증적 분석)

  • 정헌주;김경배
    • Journal of Arbitration Studies
    • /
    • v.11 no.1
    • /
    • pp.37-73
    • /
    • 2001
  • I. Preface It is widely understood that the 21st century, with the development of information technology(IT) and the spread of networks, will be called a digital economy where information-driven business will be norm rather than the smokestack economy of the past. And the drastically changed world market is expected to generate even more commercial transactions across the world creating large numbers of legal disputes. Therefore, each country will attempt to develop ADR(Alternative Dispute Resolution) as an alternative to judicial proceedings in order to cope with not only the ever-increasing international commercial claims but also domestic legal disputes. Taking this reality into account, this study begins with an exploration of mediation procedure as a way of helping the court faced with its overwhelming numbers of lawsuits. And also this study makes a theoretical comparison between ADR and mediation procedure, analyzing critical factors affecting the mediation agreement. Furthermore, it is designed to find ways for disputing parties to make better use of mediation and ensure fairness to the parties involved. It tries to enhance mediators' understanding of critical factors influencing the mediation agreement and their ability to handle commercial disputes in a more efficient way. To make an empirical analysis of these factors, bibliographic research and questionnaire were used. This analysis will fill the gap between the theory and reality, and make possible the structured research on the factors. Therefore, this study sets the model by which we can evaluate how the three critical factors (parties' inclination, mediators' characteristics, institutional features) affect the parties reaching a mediation agreement. Based on this analysis, a theoretical hypothesis was built and a questionnaire was made and distributed. During the course of this work, SPSSWIN 10.0 program was applied.

  • PDF

A Study on a System of Resolving Claim according to the Delay of Construction Projects - Focus on Liquidated Damages - (공기지연에 따른 클레임 대응방안에 관한 연구 - 지체상금을 중심으로 -)

  • 이영민;이상범;김정길
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2002.11a
    • /
    • pp.111-116
    • /
    • 2002
  • The delay of the completion of the construction project occurs frequently because the origin schedule is affected by numerous factors that contribute to the overall delay in completing the project. But in our country. the dealing with a claim is not sufficient yet by reasons of fairl relation between owner and constructor, cognitive shortage in claim, and such. especially they have make a wrong application of baseless the rule. In this study. we make a rational model ; that includes calculating of dispute costs, and suggest the solution and the prevention for claim by considerating the law followed liquidated damages.

  • PDF

Suggestion for the Application of the ADR system under the Patient Safety Act (환자안전법상 ADR제도 적용을 위한 제언)

  • Mingyu, Choi
    • Journal of Arbitration Studies
    • /
    • v.32 no.4
    • /
    • pp.3-31
    • /
    • 2022
  • In the past, there has not been a law with the main purpose of preventing or preventing a risk in advance in order to protect the safety of patients in relation to medical services. It is evaluated that the enactment of the Patient Safety Act has a very important meaning in protecting patient safety as the top priority and further improving the quality of medical care. However, looking at the status of patient safety accidents reported to the Patient Safety Reporting System after the Patient Safety Act was enacted and implemented, various types of risk factors for patient safety still exist in the medical field. Meanwhile, Korea Consumer Agency and Korea Medical Dispute Mediation and Arbitration Agency, the existing domestic ADR specialized agencies, have been operating reasonable damage relief procedures such as recommendation of settlement, mediation, and arbitration according to the purpose of their establishment. Therefore, with the aimof broadening the choice of compensation system for patients, we propose the establishment and revision of ADR-related laws to apply the damage relief procedures of both institutions.

Basic Research on Nuclear Power Plant Construction Claims and Dispute Management Processes Development

  • Son, HyeJin;Lee, SangHyun;Byon, SuJin
    • International conference on construction engineering and project management
    • /
    • 2015.10a
    • /
    • pp.710-711
    • /
    • 2015
  • A nuclear power plant construction is a complex form of construction which comprises various stakeholders and contractors. Therefore, contract disputes will occur due to conflicting interests of contracting parties and unpredictable factors which arise during construction work. Even if the contract is well prepared, it cannot fully prepare for future situations in actuality. Claims management is very important in carrying out construction management. This study intends to define claim, and delve into development of claims management processes from the viewpoint of owners and contractor through consideration on international contract terms on claims management and the details of the claims management of the Construction Extension to the PMBOK. In addition, it is needed to accumulate and manage data on claims that have occurred so that they can be referenced in the future. As information should be accumulated so that type classification can be carried out and that lessons can be learned on claims that have occurred in each business site, study on establishing data-based systems relating to claims processes will be needed in the future.

  • PDF

The Main Contents and Developmental Method of Arbitration Industry Promotion Law (중재산업진흥법의 주요내용과 발전적 운용)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
    • /
    • v.27 no.4
    • /
    • pp.35-60
    • /
    • 2017
  • Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the "Arbitration Industry Promotion Act" to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.

Success Factors of Mediation: Labor Disputes (조정의 성공요인 : 노사분쟁의 경우)

  • Kim, Taigi
    • Journal of Labour Economics
    • /
    • v.26 no.1
    • /
    • pp.53-73
    • /
    • 2003
  • This paper investigates the success factors of labor mediation using the Survey on the Problems and Improvements of Mediation Service by the Labor Relation Commission which was conducted by the Ministry of Labor in 2000. When the parties of labor and management which took mediation service belong to the manufacturing industry and the Minju-nochong, they are found to have less chance to change their negotiation attitude favorably toward agreement in mediation process and to adopt an agreement proposal made by the mediator. Those who took mediation service more frequently in the past tend to have lower chance to make use of mediation service successfully. Those who saw the mediators of their dispute to be qualified with fairness and expertise tend to have higher chance. As the time of mediation meeting lengthens, it is more likely for them to reach an agreement with assistance by the mediators.

  • PDF