Embracing Debiasing in Mediator's Tactic of Reality Testing
Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review
Author(s)
Related Research Unit(s)
Detail(s)
Original language | English |
---|---|
Article number | 04519046 |
Journal / Publication | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction |
Volume | 12 |
Issue number | 1 |
Online published | 9 Dec 2019 |
Publication status | Published - Feb 2020 |
Link(s)
Abstract
Biased decisions hinder rational construction dispute negotiations. Successful use of debiasing strategies enhances the efficiency of construction dispute management. Due to the flexibility and popularity of mediation, it is proposed that debiasing arrangements be incorporated into the mediator's toolkit. Reality testing has been commonly used by mediators to keep disputing parties on rational courses. As such, integrating debiasing in reality testing is proposed as well. For example, a mediator can tactfully ask well-thought-out questions to stimulate the disputing parties to review and reestimate their decisions. This provides an opportunity for the parties to acknowledge their unrealistic beliefs and expectations. Seventeen reality-testing questions embracing debiasing elements are proposed. By asking these questions, mediators remind the disputants to (1) allow adequate time in decision making; (2) consider the opposite; (3) be rational; and (4) optimize the mediation mechanism. The usefulness of these reality-testing questions has been as validated by experienced third-party neutrals with substantial credentials.
Research Area(s)
- Construction dispute resolution, Debiasing, Mediation, Reality testing
Citation Format(s)
Embracing Debiasing in Mediator's Tactic of Reality Testing. / Li, Keyao; Cheung, Sai On.
In: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, Vol. 12, No. 1, 04519046, 02.2020.
In: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, Vol. 12, No. 1, 04519046, 02.2020.
Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review