The Impact of Joint Ventures on Formal Dispute Resolution in the UK Construction Industry

This research study examines the impact of joint ventures on the requirement for formal dispute resolution in the UK construction industry. It explores the benefits of informal dispute resolution methods and analyzes the concept of formal and informal dispute resolution processes. The study aims to assess whether an increase in joint ventures has reduced the need for formal dispute resolution.

Has the increase in Joint
Ventures within the UK
Construction Industry reduced
the requirement for formal
Dispute Resolution

Table of Contents
CHAPTER 1: INTRODUCTION (1000)........................................................................................3
1.1 Background to the research ...................................................................................................3
1.2 Aim of research......................................................................................................................3
1.3 Objectives of research............................................................................................................4
1.4 Research objectives................................................................................................................4
1.5 Rationale of research..............................................................................................................4
1.6 Significance of investigation..................................................................................................5
1.7 Scope of research...................................................................................................................5
1.8 Limitations of the study.........................................................................................................5
1.9 Dissertation structure.............................................................................................................6
CHAPTER 2: LITERATURE REVIEW (2500).............................................................................7
2.1 Introduction............................................................................................................................7
2.2 Meaning of dispute resolution...............................................................................................7
2.3 Formal and informal method of dispute resolution................................................................8
2.4 Issues involved in formal dispute resolution.........................................................................9
2.5 An increase in Joint ventures in UK Construction industry has reduced requirement of
formal Dispute Resolution.........................................................................................................11
CHAPTER 3: RESEARCH METHODOLOGY (2000)................................................................11
CHAPTER 4: DATA ANALYSIS (2500).....................................................................................11
CHAPTER 5: FINDINGS AND DISCUSSION (1000)................................................................11
CHAPTER 6: CONCLUSION AND RECOMMENDATIONS (1000).......................................11
REFERENCES..............................................................................................................................11

Topic: Has the increase in Joint Ventures within the UK Construction Industry reduced the
requirement for formal Dispute Resolution?
CHAPTER 1: INTRODUCTION (1000)
1.1 Background to the research
With booming economy and competitive world, it is quite natural to have opposing
interests, values and needs. Having such conflicts can act as problems and can affect overall
business setup as well. Conflicts can be harmful when they take the shapes of disputes. They can
not be ignored as they can cause real damage and can bring a business at the verge of standing
still, in terms of revenues, profitability and growth (Lumineau and Oxley, 2012). The situation
can be quite stressful and can be physically and psychologically draining. The process can be
quite time consuming and can also destroy the relationship between business partners.
Dispute resolution is method is generally adopted by trained neutrals. So that people, who
are in dispute, can clearly communicate, involve in negotiation, develop and evaluate solutions.
It also helps in resolving the conflicts that may be occurring in the two parties. It is an
interdisciplinary field that can be attracted through the background of human resources, social
work and law. Generally, there are certain mechanisms that are used to resolve out the disputes.
These methods are, arbitration, mediation, negotiation, collaborative law, litigation, conciliation
and facilitation. Adoption of these methods can help in ensuring that the conflicts between the
two parties can be sorted out (Duca, Rule and Loebl, 2012).
However, in Joint Venture construction companies of UK, informal method of dispute
resolution has been becoming quite common due to various benefits attached to it. Since, it is
less time taking process with maximum benefits of valid results to both the parties attached to it,
makes it more preferable by the companies (Sohn and Bal, 2012). It also helps them to continue
their business relationship in longer run. Further, their concern can be kept private, without
disclosing it to general public which helps in making it more preferable method of dispute
resolution.
1.2 Aim of research
The main aim of present study is
“To assess that whether an increase in Joint ventures within the UK Construction
industry has reduced the requirement of formal Dispute Resolution”
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1.3 Objectives of research
Based on the above aim, following objectives can be performed:
 To assess the concept of formal and informal dispute relationship process.
 To analyse the benefits of not getting involved in formal dispute resolution process.
 To assess that whether an increase in Joint ventures within the UK Construction industry
has reduced the requirement of formal Dispute Resolution.
 To recommend on methods of adoption of various informal dispute resolution.
1.4 Research objectives
Based on the above objectives, following research questions can be framed:
 What is the concept of formal and informal dispute resolution process?
 What are the benefits of not getting involved in formal dispute resolution process?
 whether an increase in Joint ventures within the UK Construction industry has reduced
the requirement of formal Dispute Resolution?
 What are the recommendations on methods of adoption of various informal dispute
resolution?
1.5 Rationale of research
It is important to have specific relevance to the research that an investigator is involved in
conducting. Hence, it must hold some worth that thereby helps in serving specific purpose. It
becomes important for the researcher to go through practical as well as academic aspects of
research before finalizing the topic for particular research. Since, the present investigation is
based on dispute resolution method and its adoption by various joint venture construction
companies in UK. Increasing adoption of informal dispute resolution method helps in ensuring
that the process is not time consuming and decisions can be made as per suitability of both the
parties that are involved in it. Another important aspect is to prepare an assessment of its
prevalence in the country so as to judge its adoption level as well (Susskind, 2017). There are
various researchers who have also been involved in conducting research on this topic, which has
generated the requirements to analyse it in different manner. Hence, it will be helpful in
preparing an assessment for present and future researches as well. It will help in developing and
improving current knowledge aspect, possessed by the researcher, on stated topic.
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1.6 Significance of investigation
Informal and formal dispute resolution have been able to become an important aspect that
holds adequate importance to be understood and applied on various businesses of the country.
With increase in number of companies functioning in the country, there can be adequate
difference in them due to presence of differing needs and requirements. The problem with
disputes is that it can not be ignored and hence it becomes important for the parties involved in
it, to ignore it. In this scenario, litigation can be an option, but due to never ending trials and
various court cases, that are already pending, it become tedious to opt for it. There are various
informal dispute resolution methods that can actually be assessed and implemented so as to reach
to valid as well as agreeable conclusion (DuBois and Zografos, 2012). There are various benefits
of conducting research on this topic that are attached to it. Some of them are mentioned below:
Academically: The topic tends to hold greater importance in academic terms. There are various
aspects that are attached to dispute resolution which is required to be analysed and assessed by
the researcher. It will help in making knowledge related to current subject matter concrete.
Hence, researching on present topic will prove to be quite helpful in developing overall
knowledge aspects.
To ascertain risks: There are various risks that are involved in adoption of formal or informal
methods of dispute resolution. It helps in ensuring that all of them have been taken into
consideration that can ultimately help in reaching to specific results. Hence, understanding this
risk also plays an important role in adoption of dispute resolution methods.
1.7 Scope of research
The overall scope of research is quite wide in terms of present study. It will help in
analysing various factors that are attached to dispute resolution methods. Hence, the present
research has been conducted based on joint venture construction companies of UK where
importance of getting involved in informal dispute resolution has been assessed. A small section
of UK, that is joint venture construction companies have been chosen so as to conduct the
present research.
1.8 Limitations of the study
There are various limitations that are attached to present research which may ultimately
obstruct the researcher to reach to the results. Since, it is difficult for the researcher to conduct
study with utmost perfection, there can be certain constraints that are attached to it (Talesh,
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2012). One of the major concern is related to time and budget, which is available in front of the
researcher. It is important that adequate amount of capital investment is available with the
researcher so that all the important tasks with respect to conducting research can ultimately be
conducted by the researcher. It helps incoming up with effective and efficient outcomes. Budget
constraints can deviate the overall results and can also barricade the knowledge of researcher.
Since, research is a prolonged process, inadequate availability of time can affect its overall
outcomes. Another important limitation that can be present is related to unavailability of
adequate amount of secondary data due to restricted access to certain websites. It is necessary for
the researcher to complete the researcher in specific time frame. It can lead to bring adequate
deviation in results, conclusion and recommendation aspects of the research.
1.9 Dissertation structure
It is important to follow specific structure of the dissertation which helps in making the
understanding aspects effective for both readers and researchers. Hence, structure for present
dissertation will flow in the following manner:
Chapter 1: Introduction: It is first and foremost chapter of dissertation which helps in framing
aim, objectives and background study of the research. It helps in presenting overall idea of
investigation.
Chapter 2: Literature review: It helps in collecting secondary data related to subject matter.
Critically analysing the views of different authors is that main aim of conducting literature
review (Singer, 2018).
Chapter 3: Research methodology: It helps in discussing tools and techniques that will be used
to conduct the research. It plays a substantial role in describing, sampling, data collection and
analysis methods.
Chapter 4: Data analysis: It helps in analysing the data that has been collected by the researcher
is primary format.
Chapter 5: Findings and discussions: This chapter is responsible for creating findings and
discussing the collected data with the help of both primary and secondary data collected with
respect to subject matter.
Chapter 6: Conclusion and recommendations: based on the overall research conducted,
ultimate concluding remarks and recommendation can be given by the researcher based on aim
and objectives framed (Mulcahy, 2012).
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CHAPTER 2: LITERATURE REVIEW (2500)
2.1 Introduction
After introduction, literature review is considered to be one of the most important chapter
of dissertation which helps in defining the observation and analysis that must have been prepared
by the other researchers on similar topic. Critically analysing the facts helps in understanding the
flaws and differences that can ultimately be settled down in the present study. Since, it is a
secondary type of research, it is important to consider each and every result that have been stated
by the researcher in his research. Based on the themes flowing from general to specific, literature
review will help in understanding each and every aspect that is related to subject matter of the
research. Hence, thematic analysis has been performed for the same.
2.2 Meaning of dispute resolution
According to Goldberg and et.al., (2014) dispute resolution is the process of resolving
disputes between parties. The term can also interchangeably be used for conflict resolution,
where different conflict styles can be adopted as per the scenarios. Some common methods that
are adopted by the organization includes, arbitration, mediation, negotiation, litigation,
collaborative law, conciliation and facilitation. Theoretically, one can adopt war and violence as
one of the spectrum, but dispute resolution practitioners generally do not opt for this method.
The process of dispute resolution can be two minds, such as, adjudicative processes and
consensual processes. Adjudicative processes can be in the form of judge, jury and arbitrator
which ultimately helps in determination effective outcomes. There are consensual processes
present as well, which can also be used by the organization as well individuals, at the time of
disputes. These are, negotiation, mediation, conciliation. Not all type of disputes tends to end in
resolution. Rather, such intractable disputes tend to find its place in dispute resolution studies.
Dispute resolution is an important aspect that is generally opted for in international trade, which
can be inclusive of negotiation, arbitration, mediation and litigation.
However, in comparison to this, as per the views of Wahab, Katsh and Rainey, (2012)
legal system has tendency to provide resolution for various types of disputes. Some of them opt
for coercive power to resolve the matter. However, there are other, who opt for professional
advocates who can help them in sorting out the matter. The most common judicial aspect of
dispute resolution is litigation where one party can file suit against the other. It is generally
facilitated by the government within federal, state and municipal courts. The proceeding opted
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for is quite formal. Hence, it ios also sometimes known to be formal form of dispute resolution.
It is governed by rules and specific code of conduct is required to be followed and judgement is
generally based on evidences and procedures. The judges appointed for the same is impartial in
nature where decisions are made as per factual aspects of the case. The ultimate decision of court
is binding and not advisory in nature. However, both the parties enjoy right to appeal for
judgement in higher court, if they are not satisfied with the judgement of lower court.
According to Moffitt and Bordone, (2012) there are various retired judges as well as
private lawyers who tend to play the role of an arbitrator, who are trained and qualified for non-
legal dispute resolution. They can also play the role of mediator while opting for mediation
process, so as to resolve out cases. However, apart from these judicial processes, there are other
extrajudicial processes present which can also be used by the businesses. It is inclusive of
collaborative law, mediation and arbitration. However, in contrast to this, as per the views of
Mackie and Mackie, (2013) litigation aspect can be quite effective for the organization.
However, its impact can be of long term as it can affect the brand image of the company. In this
scenario, so as to preserve brand image of the company, company tend to opt for unjudicial
methods, that can be effective enough for the company. It also helps in ensuring that the ultimate
decision-making aspect is able to satisfy the interest of both the parties, which are involved in it.
2.3 Formal and informal method of dispute resolution
According to Casey and Wilson-Evered, (2012) formal method of dispute resolution may
include the mechanism that has officially being framed and organized. However, in case of
informal method of dispute resolution, it is not officially recognized and organized. It takes place
as per the convenience level of parties that are involved in it. One of the common method of
information method of dispute resolution is, negotiation. It involves discussion between the two
or more parties involved in dispute who want to solve their issue of disagreement and decide to
bargain and act which can prove to be beneficial for both the parties. It can be inclusive of
advocates and representatives. Another method is conciliation, where, third individual, apart
from those disputed parties, helps in reaching to amicable resolution aspects of their dispute. The
conciliator can not impose the settlement decided by him, on the involved parties, and generally
opt for interacting with the parties separately. Further, facilitation is another dispute resolution
technique who involves neutral, who helps members of a group so as to define and meet their
respective goals, helps in solving problems, exchanging idea and holding information for
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effective meetings. However. In comparison to this, as per the views of Carneiro and et.al.,
(2013) mediation is the best and most adoptive practice that helps in creating clear
communication and negotiating effectively. It is private and also voluntary practice which helps
in frequently resulting in agreement because it is created by the people who are directly involved
in it. Another important practice that is adopted by the disputed organization is neutral
evaluation, which states that a neutral individual is hired so as to get expertise in hearing
arguments and predicting the likely outcomes out of the court. The evaluator appointed also
helps in providing guidance and settlement assistance with the concerned parties.
According to Taylor, (2012) there are other judicial methods as well, that can be adopted
by the organization so as to sort out their issues. One of this method is arbitration. It includes
formal proceedings which has the involvement of one of more neutrals who listen to the present
evidences and render his decision based on it. The collective version of these neutrals is known
as “Arbitral tribunal”. The decision has high dependence on the parties involved in it. It can be
binding or non-binding, as per their convenience. One of the most common method that is
adopted by the organization or other individual is litigation, which is formal form of dispute
resolution. Litigation is a legal dispute which is responsible for generating argument sin the court
of law. Attorney generally help in negotiating the resolution in a manner that judge or jury can
make the decisions out of evidence present. The parties, organizations or individuals involved in
dispute have no or little control over the overall process or outcomes. Hence the decision being
made by the court is binding and is required to be followed by them accordingly. However, in
contrast to this, as per the views of Bosch, van de Pol and Philp, (2015) there exists various
issues when differentiating various aspects of formal and informal form of dispute resolution.
People tend to have different opinions and practices related to it as it is quite a subjective
phenomenon. They have cauterised formal and informal form of dispute resolution practices as
per their will, understanding and observations. Hence, it is high dependence on the parties
involved in dispute that which method they choose to adopt out of the two.
2.4 Issues involved in formal dispute resolution
According to Ng and et.al., (2013) there are basically two methods that are present, and can
be used by parties, so as to sort out their differences. These are litigation and arbitration.
However, there are various issues present as well when people at large opt for formal form of
dispute resolution. These are:
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Overburdened judiciary: Judiciary has been overburdened with the cases and is involved in
tackling voluminous pending as well as fresh litigation that have been issued and filed every day.
Another issues that adds on to the problem is related to hierarchy of court and appeal system that
happens to be quite prevalent these days. It has also led to reduce overall effectiveness as well.
Inadequacy of judiciary to cope up with the challenges of total population: Judges tend to hold
inadequate powers throughout the country which is the biggest factor to block cases for longer
period. Vacancies of judges are filled on time by the high courts and various involved state
governments as well.
State is the latest litigator: There are only two types of cases that are available in UK.
These are, union and state courts who are considered to largest litigants of the country. These are
abetted by semi-governmental bodies, large corporations and other statutory organizations as
well.
Extended time in disposing off the cases: One of the major flaw that is present in legal
system is related to pending files of cases, resulting in delay of decision making aspects from the
side of the court. It leads to have delays indecision making which can ultimately affect the
parties and relevance for the same, for the parti9es who are actually involved in it.
Adverse character related to administration of justice: The overall system of justice is
adversarial in character. Judge tend to act as a passive listener in case of the court as he does not
have any active participation in the case that may be fought in front of him. He is just liable to
unravel the truth based upon evidences displayed in the court. The battle in the court is
conducted as per the medieval rules and regulations that must have been included in the
constitution of UK.
Pressure and de moralizing behaviour from the side of trail courts: The lower court
generally works in a charged atmosphere with a psychological pressure that inappropriate
decision can make them approach to the court, which can then bring the lower court into scrutiny
for giving wrong decisions. It is due to this reason there is a detached atmosphere present in the
environment so as to ensure that no error is being conducted by them which can challenge
ultimate decision that must have been made be the lower courts. It ultimately leads to impact
effectiveness of results.
Complex reasons of pendency: On contrary with the impacts of various pendency acts
and operations which took places in the operations of facilitating the adequate jurisdiction to a
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case or an issue. In relation with making effective changes in operations which will be
appropriate as per addressing the fruitful solution to issues. Many of the crimes took place which
brings life threatening damages to an individual which are needed to be addressed and
acknowledged by legal advisers and judges stated in various courts.
2.5 An increase in Joint ventures in UK Construction industry has reduced requirement of formal
Dispute Resolution
According to Talesh, (2012), implication of alternative dispute resolution will be
effective and helpful to organisation in relation with having concrete outcomes in the required
period. Thus, there are mainly issues relevant with domestic and small issues incurred in the
trade practices which will be addressed by a legal adviser and which analyse all the legal issues
associated with the business and that will be solved by them in the prominent way. They address
all the requirements and brings effective solution to the issues.
CHAPTER 3: RESEARCH METHODOLOGY (2000)
CHAPTER 4: DATA ANALYSIS (2500)
CHAPTER 5: FINDINGS AND DISCUSSION (1000)
CHAPTER 6: CONCLUSION AND RECOMMENDATIONS (1000)
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Mackie, K. J. and Mackie, K., 2013. A handbook of dispute resolution: ADR in action.
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Casey, T. and Wilson-Evered, E., 2012. Predicting uptake of technology innovations in online
family dispute resolution services: An application and extension of the
UTAUT. Computers in Human Behavior. 28(6). pp.2034-2045.
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Carneiro, D. and et.al., 2013. Using case-based reasoning and principled negotiation to provide
decision support for dispute resolution. Knowledge and Information Systems. 36(3).
pp.789-826.
Taylor, A., 2012. The handbook of family dispute resolution: Mediation theory and practice.
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