The purpose of this paper is to examine the codes of professional conduct observed by construction mediators in England and Wales with the aim of assessing whether they raise…
Abstract
Purpose
The purpose of this paper is to examine the codes of professional conduct observed by construction mediators in England and Wales with the aim of assessing whether they raise awareness about party self‐determination and inform users about variations in mediator approaches.
Design/methodology/approach
The research collated a list of construction mediation providers drawn from members of the Civil Mediation Council, professional bodies working in construction and other leading providers. A search was then made of mediation providers' web sites to find published codes of conduct.
Findings
A substantial number of providers do not emphasize party self‐determination or the steps taken to inform users about mediator approaches in their online codes. Some organisations provide online access to “Mediation Agreements” which determine how the process and mediator approach is selected but generally codes do not place a specific duty on mediators to ensure parties enter mediation with informed consent about their approach.
Research limitations/implications
Online searches may not have found specific mediator codes if organisations publish overarching professional codes of practice for members, if the documents labels do not identify them as a mediator code, or if web sites are not searchable. Further research should investigate how codes of conduct affect construction mediators' practice.
Practical implications
Codes of conduct from countries and international organisations provide exemplars of good practice. Mediation providers in England and Wales should consider revising mediator codes to give weight to the principle of party self‐determination and to articulate a duty that mediators inform users about their approach to ensure they obtain informed consent.
Originality/value
This is an original analysis of construction codes of conduct observed by mediators in England and Wales. A comparative analysis of codes from international sources contributes to the current debate on regulation and future policy developments.
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The paper seeks to examine the debate on mediator style and provide empirical evidence on mediator orientation, which has implications for party choice and the development of…
Abstract
Purpose
The paper seeks to examine the debate on mediator style and provide empirical evidence on mediator orientation, which has implications for party choice and the development of professional standards for construction mediators in the UK.
Design/methodology/approach
This paper analyses the theoretical arguments and distinctions in mediator style and assesses the available evidence relating to the utilisation of evaluative or facilitative mediator approaches in the UK and US construction industry. The paper reports on data from qualitative interviews with construction lawyers experienced in using mediation in the UK to assess the level of evaluative conduct experienced.
Findings
The findings suggest that interviewees had experienced a mix of evaluative and facilitative interventions by mediators. The data support the contention that construction mediation in the UK mirrors the experience of the USA and is becoming “lawyer‐driven” and adversarial, with mediators utilising evaluative techniques which some members of the legal profession prefer.
Research limitations/implications
The qualitative data are based on a small sample of mediation users in the UK construction industry. However, interviewees were selected from respondents to a randomly conducted large‐scale postal survey of commercial and construction lawyers. All interviewees were repeat users of the process and all but one had received training in mediation or are practising lawyer‐mediators.
Practical implications
The data provide evidence of different mediator techniques currently utilised in the UK construction industry and the practices of lawyers in the mediation process. The findings have implications for party choice and should inform the development of professional standards in construction mediation practice.
Originality/value
The paper provides original data on the practices of mediators and lawyers in construction mediation.
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The purpose of this paper is to consider the circumstances in which a refusal to refer a construction dispute to mediation may be judged acceptable in the English Technology and…
Abstract
Purpose
The purpose of this paper is to consider the circumstances in which a refusal to refer a construction dispute to mediation may be judged acceptable in the English Technology and Construction Court (TCC), thus avoiding the imposition of a costs penalty.
Design/methodology/approach
The paper uses traditional doctrinal legal methodology in the evaluation of judicial statements in the TCC on the criteria for determining the appropriate use of mediation and combines this with a socio‐legal approach which examines empirical findings on settlement outcome.
Findings
An analysis of TCC cases indicates a significant steer from the judiciary on when construction cases are deemed appropriate for the process of mediation. Most cases are identified as suitable, particularly if they involve small sums compared to litigation and where there is uncertainty about factual and legal issues. Judges continue to emphasise the ability of skilled mediators to deal with intractable parties and the importance of continuing commercial relationships despite empirical evidence to the contrary. The personal experiences and perceptions of TCC judges continue to drive mediation “appropriateness criteria”. This could work negatively against its true potential if construction parties' actual experience of the mediation process involves less‐experienced mediators or a failure to achieve settlement.
Originality/value
The paper provides a detailed and scholarly analysis of the application of Court of Appeal's decision in Halsey in the TCC with specific reference to built environment cases. It evaluates empirical findings on the effectiveness of construction mediation on settlement outcome with the judicial steer on “appropriateness criteria”. It is of value to legal scholars, legal practitioners and researchers in the built environment.
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Abstract
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The purpose of this paper is to consider the experiences and perspectives of residents with dementia living in a care home.
Abstract
Purpose
The purpose of this paper is to consider the experiences and perspectives of residents with dementia living in a care home.
Design/methodology/approach
The paper reviews current sources of evidence about “the care home experience”, including material drawn from: research instruments, interviews, observational methods and phenomenological research which aims to capture the lived experiences of residents.
Findings
Research that is attempting to capture the lived experiences of residents further adds to the understanding of quality of life (QoL) and quality of care. Specifically, residents prioritise non‐disease‐related domains of QoL, which is somewhat different than those identified by relatives, care home staff and “objective” measures.
Originality/value
Not only is it evident that residents are able to describe aspects of their situation but they appear to retain a sense of self and identity. There is a distinctive need for assessment of QoL amongst residents with dementia that places their subjective view of this concept at its core.
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David Wilkie, James Middleton, Alison Culverwell and Alisoun Milne
This article aims to describe the aims, role and impact of a specialist intermediate care service for people with dementia in Kent, entitled the Home Treatment Service (HTS). The…
Abstract
Purpose
This article aims to describe the aims, role and impact of a specialist intermediate care service for people with dementia in Kent, entitled the Home Treatment Service (HTS). The authors reflect on two workshops about the service, delivered as part of the “Dementia Care: A Positive Future” conference held in May 2010.
Design/methodology/approach
The 45 participants in the workshops included service providers, professionals and family carers. The aims and nature of the service were outlined by members of the clinical team as: adopting a multi‐professional approach, emphasising the value of a shared assessment process and having a commitment to flexible and intensive working within a person centred framework.
Findings
Focusing on the HTS's work with care homes, presenters offered case illustrations to highlight its collaborative approach to working with service users, staff, managers and families to improve the quality of life for users presenting with “challenging behaviour” and preventing placement breakdown. Discussion with participants explored the obstacles and opportunities in working productively with care homes. The HTS's potential to reduce reliance on anti‐psychotic medication was specifically highlighted. In addition to improving user and carer quality of life, outcomes of HTS intervention include a reduction in and quicker discharge from, mental health hospitals and maintaining the person in their existing setting.
Originality/value
The importance of including all parties – the older person with dementia, relatives, care staff and professionals – in co‐creating “solutions” was identified as one the HTS's keys to success.
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The necessity of standards of purity for certain kinds of agricultural produce being now recognised by the new Adulteration Act—4, (1)—no apology is needed for attempting to bring…
Abstract
The necessity of standards of purity for certain kinds of agricultural produce being now recognised by the new Adulteration Act—4, (1)—no apology is needed for attempting to bring the application of the principle into actual practice. Some few standards have already been generally adopted, and the legalization of limits relating to many of those substances with which the Adulteration Acts deal would undoubtedly be welcomed.
With reference to the report of the Annual General Meeting of the Pure Food and Health Society of Great Britain, which was published in the February issue of THE BRITISH FOOD…
Abstract
With reference to the report of the Annual General Meeting of the Pure Food and Health Society of Great Britain, which was published in the February issue of THE BRITISH FOOD JOURNAL, and to the speech delivered by MR. GOSLIN upon the proper handling and purveying of meat, an article which has subsequently appeared in The Standard is of considerable interest. It is pointed out that no one who gives the matter serious consideration can approve of the present methods. “Many years ago Oxford made its protest against carcasses or joints being exposed in open‐fronted shops. It is just possible that when the powers that were objected to and forbade this proceeding they thought more of the æsthetics than the science of it, but they most certainly did a good thing when they took flesh foods away from the contamination of street dust and the variations of temperature that are dependent on every gust of wind or every moment of sunlight or shadow.”