TY - GEN
T1 - Machiavellianism and Idiosyncratic Deals in Construction Dispute Mediation
AU - Cao, Nan
AU - Cheung, Sai On
PY - 2025
Y1 - 2025
N2 - This study delves into the intricacies in deploying mediation as the primary alternative construction dispute resolution technique before arbitration, with a particular focus on the nuanced interplay among quasi-imposition, Machiavellianism, and the making of idiosyncratic deals (IDs). Mediation is by design a flexible process whereby participating parties can structure their own settlement agreement. Moreover, mediation is now typically quasi-imposed contractually or encouraged by the court. While quasi-imposition encourages attempt of mediation, it may invite the practice of Machiavellianism, a type of manipulative behaviour for personal gain. This study contributes to the construction management literature by explaining the caveats in using quasi-imposition strategy. The conceptualisation of mediated settlement as idiosyncratic deal is also novel in mediation studies. © The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2025.
AB - This study delves into the intricacies in deploying mediation as the primary alternative construction dispute resolution technique before arbitration, with a particular focus on the nuanced interplay among quasi-imposition, Machiavellianism, and the making of idiosyncratic deals (IDs). Mediation is by design a flexible process whereby participating parties can structure their own settlement agreement. Moreover, mediation is now typically quasi-imposed contractually or encouraged by the court. While quasi-imposition encourages attempt of mediation, it may invite the practice of Machiavellianism, a type of manipulative behaviour for personal gain. This study contributes to the construction management literature by explaining the caveats in using quasi-imposition strategy. The conceptualisation of mediated settlement as idiosyncratic deal is also novel in mediation studies. © The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2025.
KW - Construction Dispute Mediation
KW - Idiosyncratic Deal
KW - Machiavellianism
KW - Quasi-imposition
UR - http://www.scopus.com/inward/record.url?scp=105020013669&partnerID=8YFLogxK
UR - https://www.scopus.com/record/pubmetrics.uri?eid=2-s2.0-105020013669&origin=recordpage
U2 - 10.1007/978-981-95-0090-1_71
DO - 10.1007/978-981-95-0090-1_71
M3 - RGC 32 - Refereed conference paper (with host publication)
SN - 978-981-95-0089-5
SN - 978-981-95-0092-5
T3 - Lecture Notes in Civil Engineering
SP - 541
EP - 548
BT - Proceedings of the 18th East Asia-Pacific Conference on Structural Engineering and Construction, Volume 3
A2 - Tangtermsirikul, Somnuk
A2 - Warnitchai, Pennung
A2 - Panuwatwanich, Kriengsak
A2 - Tanapornraweekit, Ganchai
PB - Springer
CY - Singapore
T2 - 18th East AsiaPacific Conference on Structural Engineering and Construction (EASEC-18)
Y2 - 13 November 2024 through 15 November 2024
ER -