The Values of Apology in Incentivizing Construction Dispute Settlement

Sai On Cheung, Liuying Zhu

    Research output: Chapters, Conference Papers, Creative and Literary WorksRGC 12 - Chapter in an edited book (Author)peer-review

    Abstract

    The enactment of the first-ever apology ordinance (AO) in 2017 provided the impetus to further promote the use of mediation in Hong Kong. The AO aims to alleviate the concern of disputing parties in making apology. This study pioneers the investigation of using apology in construction dispute resolution. The first part of the study has been developed based on Kalman’s Response Restriction Theory. It is proposed that offering an apology would solicit positive responses of the counterpart by overcoming the barriers against settlement of the dispute. Four forms of apology were summarized from literature- ice-breaking, conciliatory, reality-checking and congruence-driving. It is found that congruence-driving apology is the most versatile in moderating positive responses. The second part of the study examines would the AO result in wider use of construction dispute mediation. When the dispute has an emotion element, suggesting apology is an added advice that mediator would display.
    Original languageEnglish
    Title of host publicationConstruction Dispute Research Expanded
    EditorsSai On Cheung
    PublisherSpringer, Cham
    Pages255-288
    ISBN (Electronic)978-3-030-80256-1
    ISBN (Print)978-3-030-80255-4
    DOIs
    Publication statusPublished - 2022

    Publication series

    NameSpringer Tracts in Civil Engineering
    ISSN (Print)2366-259X
    ISSN (Electronic)2366-2603

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