Search Results (120)

The performance of New Zealand’s construction companies depends on the adaptability and skills of their workforce. The soft skills of the company’s building professionals are thought to contribute to the delivery of successful construction projects. This pilot study captures the perceptions of the importance of critical soft skills in semi-structured interviews with thirteen Quantity Surveyors (QSs) and fourteen Project Managers (PMs) working in New Zealand. For both cohorts the most important skill is communication, followed by workplace ethics. An exploratory Mann–Whitney U comparison suggests a difference in their ranking of emotional intelligence in interactions with other stakeholders, with PM deeming it more important than QS. Within-cohort Spearman rank correlation shows different patterns of association among soft-skill clusters for QS and PM, offering contextual insight rather than confirmatory inference. After communication and ethics, QS prioritise dispute resolution while PM value project reasoning. A combination of individual traits and practical experience influences the successful transition from a QS role to the broader PM role. The findings are limited by the small sample size but may be useful in professional development courses and recruitment efforts, contributing to a more adaptable and flexible construction workforce. Full article

This study evaluates the effectiveness of Jordan’s judiciary in overseeing electoral appeals within the framework of a constitutional monarchy. Adopting a mixed-methods approach, it combines doctrinal legal analysis of key constitutional provisions and Election Law No. 4 of 2022 with a comparative examination of electoral adjudication in Tunisia, Egypt, and Lebanon. The study is further strengthened by a structured content analysis of 120 appellate rulings issued between 2015 and 2023 and by qualitative insights drawn from anonymized interviews with judicial personnel engaged in electoral dispute resolution. Although Jordan’s legal framework formally empowers the judiciary to adjudicate electoral disputes, five structural limitations persist: narrow standing rules, rigid evidentiary thresholds, judicial reluctance to exercise investigatory powers, opaque reasoning in judgments, and the absence of specialized electoral courts. These constraints reflect systemic tensions between formal judicial independence and the realities of constrained discretion in hybrid regimes. An empirical analysis of 127 Jordanian electoral appeal cases from 2013 to 2020 reveals that a mere 7% of disputed electoral outcomes were overturned, whereas 73% of allegations were disregarded due to insufficient evidence. Furthermore, it is noteworthy that only 31% of rulings were publicly accessible, in stark contrast to the 89% accessibility rate observed in Tunisia. By identifying and addressing these systemic limitations, the study contributes to ongoing discourse on institutional reform and democratic resilience. In doing so, it underscores the importance of robust electoral justice mechanisms for sustaining public trust, rule of law, and inclusive governance—principles central to political and institutional sustainability as reflected in Sustainable Development Goal 16. Full article

Building Information Modelling (BIM) represents a technological and organisational innovation transforming the architecture, engineering, and construction (AEC) industry by embedding data-rich collaboration into project delivery. However, the diffusion of this innovation is constrained by unresolved legal–contractual complexities, where conventional frameworks often fail to manage BIM-specific risks, such as unclear responsibilities, intellectual property, and dispute resolution. This study advances knowledge by conceptualising a novel legal–contractual analytical dimension that systematically links risk factors to tailored management strategies, enabling BIM innovation to be more effectively embedded into organisational and contractual processes. A mixed-methods design was adopted. An integrative review of Scopus- and Google Scholar-indexed studies, supported by thematic analysis in NVivo, generated a comprehensive legal–contractual Risk Breakdown Structure (RBS) that organises fragmented knowledge of legal–contractual risks. Qualitative content analysis, combined with survey and expert interview data, enabled triangulated validation and the development of the BIM-RBS Matrix and BIM-RBS–MS Nexus. These tools operationalise risk knowledge by quantifying risk severity (SPSS Version 29.0.1.0 (171)) and systematically aligning management strategies with specific risk categories. The results highlight actionable innovations, such as enhanced cybersecurity protocols (e.g., QR-based traceability) to strengthen cyber/data security and collaborative risk–reward mechanisms to address contractual design ambiguities. The study makes three primary contributions: (1) conceptualising a structured legal–contractual knowledge spectrum for BIM innovation, (2) advancing mixed-methods integration for legal–contractual risk knowledge creation and validation, and (3) providing actionable frameworks that support industry, policymakers, and researchers in embedding BIM innovation more reliably. This study frames legal–contractual risk knowledge as a critical enabler of innovation that extends theoretical understanding and offers globally relevant pathways for the knowledge-based transformation of the AEC sector. Full article

Background: Medical mediation offers a patient-centered, collaborative alternative to traditional resolution methods for healthcare conflicts that is gaining international traction in an increasingly complex environment of advancing technology and diverse patient populations. This systematic review aims to synthesize the literature on medical mediation and analyze its clinical applications, conflict typologies, involved actors, mediation methodologies, legal frameworks, and theoretical underpinnings. Methods: A systematic search was conducted in PubMed and Scopus for English-language articles published between 1984 and 2025. Results: Of 656 initial records, 152 studies met the inclusion criteria and were categorized across six domains: clinical context, actors involved, conflict type, mediation framework, legal/policy structure, and theoretical foundations. Most studies originated from high-income countries, particularly the U.S. and U.K., with notable expansion after 2010. Medical mediation was most frequently applied in bedside care, end-of-life decision-making, and managed-care disputes. While ethics consultants were the primary mediators, increasing involvement of trained clinicians and institutional actors was also observed. Most studies emphasized generic bioethical mediation frameworks, with some focused on formalized models and training. Legal frameworks varied, and an increasing number of countries have been adopting institutional or national programs to support mediation. Conclusions: Medical mediation is an efficient tool for resolving complex clinical conflicts, enhancing communication, and preserving therapeutic relationships. Its institutionalization, through law and training, is key to the promotion of justice, transparency, and ethical integrity in modern healthcare systems. Full article

Defects occurring during the maintenance phase of residential buildings not only undermine the quality of life of residents but also lead to disputes with contractors, which often escalate into litigation rather than being resolved through alternative dispute resolution (ADR), thereby increasing social and economic burdens. While previous studies have mainly focused on identifying the causes of defects, developing classification systems, and improving institutional frameworks, few have sought to predict litigation outcomes from precedent data to support decision-making during pre-litigation dispute resolution. This paper proposes a natural language processing-based multimodal and multitask prediction model that learns from precedent data using information available prior to litigation, such as the claims and evidence of plaintiffs and defendants and the claimed amounts. The proposed model simultaneously predicts judgment outcomes and grant ratios in defect-related disputes and can help to enhance the persuasiveness and voluntariness of ADR by informing parties about the likelihood of settlement and the potential risks of litigation. Furthermore, this paper proposes a decision-support framework for rational and evidence-based dispute resolution which can reduce stakeholder uncertainty and ultimately lower the frequency of litigation related to residential building defects. Full article

Rural community development in China has made progress under the rapid implementation of the rural revitalization strategy; however, it has also revealed challenges such as an overemphasis on spatial construction, severe homogenization, and low sustainability. Existing research on rural community development lacks sufficient localized experience, and there is a limited understanding of how the development process is generated, maintained, and evolved. This study examines Xiongfan Village in Dawu County, Hubei Province, using an innovative methodological integration of Actor-Network Theory (ANT) and Social Network Analysis (SNA). This mixed-methods approach qualitatively traces the formation of networks involving both human and non-human actors, while quantitatively mapping the collaborative structure among human actors. Qualitative analysis of actor networks identifies both human actors (such as government departments, enterprises, social organizations, and villagers) and non-human actors (such as natural and cultural landscapes) as key participants. Through processes like recruitment, mobilization, and dispute resolution, various actors have formed interest alliances centered around the core issue of “revitalizing and sustainably developing rural community resources.” Quantitative social network analysis reveals a “core-periphery” structure, with government departments and social organizations occupying central roles, while business institutions and community villagers are positioned at the periphery. This distribution contrasts with the overarching goal of community development, which seeks to enhance villagers′ intrinsic motivation. The study suggests that rural community development in this area can be improved by diversifying co-construction forms, restructuring core groups, and empowering peripheral actors. These measures will facilitate a shift from single-space development to enhanced community capacity-building, ultimately promoting sustainable rural development. Full article

Blockchain is described as a technology of trust. Its design relies on cryptography, decentralization, and immutability to ensure secure and transparent transactions. Yet users frequently report confusion, frustration, and skepticism when engaging with blockchain applications. This tension is the blockchain trust paradox: while trust is engineered into the technology, trust is not always experienced by its users. Our article examines the paradox through three theoretical perspectives. Socio-Technical Systems (STS) theory highlights how trust emerges from the interaction between technical features and social practices; Technology Acceptance models (TAM and UTAUT) emphasize how perceived usefulness and ease of use shape adoption. Ostrom’s commons governance theory explains how legitimacy and accountability affect trust in decentralized networks. Drawing on recent research in experience design, human–computer interaction, and decentralized governance, the article identifies the barriers that undermine user confidence. These include complex key management, unpredictable transaction costs, and unclear processes for decision-making and dispute resolution. The article offers an integrated framework that links engineered trust with experienced trust. Seven propositions are developed to guide future research and practice. The conclusion argues that blockchain technologies will gain traction if design and governance evolve alongside technical protocols to create systems that are both technically secure and trustworthy in experience. Full article

Dispute resolution significantly enhances construction performance as it facilitates effective time, cost, quality and scope management, which may be disrupted in the presence of conflicts and disputes. Quantity Surveyors (QSs) play multiple roles in construction and act as contract administrators. Yet, dispute resolution was not formally adapted into the profession of QS in the Sri Lankan green construction sector to a considerable extent. Therefore, this study explores the extent to which construction companies have adopted ADR (Alternative Dispute Resolution) methods, human skills required for QSs in effective dispute resolution, and the impact of QSs involvement in ADR on the organizational performance, following a quantitative analysis. The research outcomes mainly discovered possibilities of utilizing ADR for the purpose of reducing carbon emissions and energy consumption in Sri Lankan green building construction through QSs involvement. While identifying essential human skills and competencies required for QSs in handling disputes, this study further exposed a slightly significant traditional gender domination in the QSs’ involvement towards ADR, common occurrences of disputes in green building projects, and a significant relationship between QSs’ experience and their involvement in disputes. The recommendations include enhancement of QSs’ involvement in ADR for green construction through developing policies and formalities, providing sufficient ADR- and green construction-related training, encouraging female participation in green construction, and collaborative dispute resolution. Full article

If an arbitrator employs the use of AI to draft an arbitral award, or legal counsel uses AI and the data are leaked within that process, what is the legal consequence, and what will be the ethical concerns and enforceability issues? As artificial intelligence (AI) is used in every field, it has undoubtedly been used within the legal domain. However, its use should be regulated and balanced as there is an adjudication involved between the parties to decide the rights and obligations of the parties. In recent times, AI in arbitration has revolutionized dispute resolution by enhancing efficiency, automating legal research, and expediting case management. However, its application has a different set of challenges attached to it, particularly concerning due process, algorithmic bias, evidentiary integrity, and the enforceability of AI-assisted arbitral awards. This paper critically examines these legal implications, assessing how AI aligns with Indian arbitration laws and international frameworks. It further explores regulatory safeguards, the balanced and ethical use of AI, and the evolving role of arbitrators and counsels in the era of AI. By addressing these concerns, this paper aims to provide a comprehensive analysis of AI’s impact on the legal landscape of arbitration in India. To conclude, this paper proposes an expressed provision within the Arbitration and Conciliation Act, 1996, with respect to disclosure related to the ethical use of AI. Full article

Background: Examining medico-legal cases within hospitals aids in identifying care-related problems, facilitating necessary corrections and emphasizing successful preventive measures. The case of Meyer Children’s Hospital is particularly noteworthy as it offers insights into the evolution of litigation in regard to a tertiary pediatric hospital. Methods: The study sample comprised 158 malpractice claims received by Meyer Children’s Hospital from 1 January 2010 to 31 December 2023, which were managed by the Claims Management Committee (CMC) responsible for civil liability within the hospital. In this observational retrospective study, the following variables were analyzed: (1) The characteristics of the patients (age–sex) and the manner in which they interacted with the hospital, ultimately resulting in the compensation claim (method of access, area of specialty, outcomes based on the International Classification of Patient Safety (ICPS)). (2) Medico-legal factors: the details of the compensation claim, the significant issues noted in various cases, and the findings of the medico-legal inquiry conducted by the CMC. In cases of ADR (Alternative Dispute Resolution), we evaluated the nature of the procedure, the results, and the amount of compensation awarded. Results: We conducted a descriptive statistical analysis to delineate the trend of claims and identify specific deficiencies within structures or departments over time. Invasive procedures and surgical operations were identified as the leading causes of accidents, resulting in heightened mortality rates and serious injuries. The most common errors observed were diagnostic and therapeutic. Conclusions: The data that emerged highlighted a low rate of claims (11.28/year) and a low claim/service ratio (0.0002%), suggesting a high level of safety of patient care at the hospital. The acceptance rate (32%), the percentage of rejected cases (48/158~30% of total, or 48/99~49% of resolved claims), the average compensation (EUR 68,312), and the percentage of cases (92%) with judicial opinions consistent with those of the CMC indicate a tendency to pursue exploratory compensation requests and the effectiveness of CMC’s activity. Meanwhile, the predominant error types (surgical and diagnostic) are in accordance with national and international data. Finally, the scarcity of disputes concerning informed consent reflects the impressive effectiveness of the communication strategies utilized by the pediatricians at this center. Full article

This study explores the transformative potential of blockchain technology in overhauling conventional housing rental systems. It specifically addresses persistent issues, such as information asymmetry, fraudulent listings, weak Rental Agreements, and data breaches. A comprehensive review of ten academic publications highlights the architectural frameworks, underlying technologies, and myriad benefits of decentralized rental platforms. The intrinsic characteristics of blockchain—immutability, transparency, and decentralization—are pivotal in enhancing the credibility of rental information and proactively preventing fraudulent activities. Smart contracts emerge as a key innovation, enabling the automated execution of Rental Agreements, thereby significantly boosting efficiency and minimizing reliance on intermediaries. Furthermore, Decentralized Identity (DID) solutions offer a robust mechanism for securely managing identities, effectively mitigating risks associated with data leakage, and fostering a more trustworthy environment. The suitability of platforms such as Hyperledger Fabric for developing such sophisticated rental systems is also critically evaluated. Blockchain-based systems promise to dramatically increase market transparency, bolster transaction security, and enhance fraud prevention. They also offer streamlined processes for dispute resolution. Despite these significant advantages, the widespread adoption of blockchain in the rental sector faces several challenges. These include inherent technological complexity, adoption barriers, the need for extensive legal and regulatory adaptation, and critical privacy concerns (e.g., ensuring compliance with GDPR). Furthermore, blockchain scalability limitations and the intricate balance between data immutability and the necessity for occasional data corrections present considerable hurdles. Future research should focus on developing user-friendly DID solutions, enhancing blockchain performance and cost-efficiency, strengthening smart contract security, optimizing the overall user experience, and exploring seamless integration with emerging technologies. While current challenges are undeniable, blockchain technology offers a powerful suite of tools for fundamentally improving the rental market’s efficiency, transparency, and security, exhibiting significant potential to reshape the entire rental ecosystem. Full article

Project delays remain a persistent challenge in the construction industry, having significant financial implications and contributing to disputes between project participants. Forensic Delay Analysis (FDA) has emerged as a specialised function that identifies the root causes of such delays, quantifies their duration, and assigns responsibility to the appropriate parties. While FDA is a widely practised process, it has yet to fully exploit the potential of emerging technologies. This study explores the integration of both existing and emerging technologies for enhancing FDA processes. A Design Science Research (DSR) approach is adopted, with data collection methods that involve the use of the literature, archival materials, case studies and survey methods. The research demonstrates how the use of technologies, such as database management systems (DBMSs), building information modelling (BIM), artificial intelligence (AI) and games engines, can improve the analytical efficiency, data management, and presentation of findings through a case study. The study showcases the transformative potential of these interventions in streamlining FDA processes, ultimately leading to more accurate and efficient resolution of construction disputes. The proposed process is exemplified by the development of a prototype: the Forensic Information Modelling Visualiser (FIMViz). The FIMViz is a practical tool that has received positive evaluation by FDA experts. The prototype and the enhanced FDA process model that underpins it demonstrate significant advancement in FDA practices, promoting improved decision-making and collaboration between project participants. Further development is needed, but the results could ultimately streamline the FDA process and minimise the uncertainties in FDA outcomes, thus reducing the incidence of costly disputes to the wider economic benefit of the industry generally. Full article

Blockchain technology has evolved beyond financial transactions to revolutionize trust systems. This paper presents a blockchain-based model for decentralized rental agreements and dispute resolution (DRADR). By leveraging smart contracts and implementing two distinct arbitration approaches, our model offers flexible solutions for rental agreement automation, transparency enhancement, and impartial dispute resolution. Our study provides a comprehensive technical analysis of both approaches through theoretical frameworks, smart contract implementation, game-theoretic modeling, and comparative evaluation across multiple legal jurisdictions. We explore the potential of blockchain technology to address long-standing challenges in traditional rental systems, such as power imbalances, inefficiencies, and legal disputes. Key contributions include the integration of decentralized and local justice systems; a detailed game-theoretic analysis of strategic behaviors; and comparative insights into gas efficiency, economic viability, and jurisdictional adaptability across both arbitration approaches. This research paves the way for a more equitable and transparent rental market and contributes to the broader acceptance of blockchain-based solutions in everyday transactions. Full article

Forensic cadastre is the application of forensic science in land dispute resolution to enhance the accuracy of analysis and the precision of recommendations. This study applied forensic science stages—recognition, identification, individualization, and evidence evaluation—to a land overlap dispute between state-owned land and privately owned parcels belonging to three individuals in Buntu Village, Ligung District, Majalengka Regency, West Java. Method validation was conducted through expert judgment using a questionnaire to assess its alignment with scientific and professional dispute resolution principles. The reliability test resulted in a Cronbach’s Alpha value of 0.855 for 10 questionnaire items, indicating a high level of internal consistency, while the validity reached 80%. These findings confirm that forensic cadastre has a strong conceptual validity and good reliability, making it an objective and transparent strategy for resolving land disputes that cannot be settled through traditional methods such as mediation. Full article

The construction industry faces persistent challenges from disputes and claims, leading to delays, cost overruns, and strained stakeholder relationships. This study proposes a strategic framework that integrates building information modeling (BIM) as a proactive tool for dispute avoidance. Using a causal loop diagram (CLD), the research maps the relationships among systemic factors contributing to disputes, such as poor communication, ambiguous specifications, and ineffective stakeholder engagement. The study highlights BIM’s transformative potential in enhancing visualization, improving collaboration, and fostering proactive conflict resolution. Validated through expert insights, the framework provides actionable recommendations for integrating BIM (with ISO19650 specs) into construction workflows, addressing the root causes of disputes, and driving project efficiency. This research contributes a structured roadmap for advancing construction management practices, emphasizing early BIM adoption considered with ISO19650, stakeholder alignment, and balancing systemic dynamics. The findings underscore BIM’s pivotal role in reshaping conflict prevention strategies, paving the way for sustainable and dispute-free project delivery. Full article