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An examination of the ‘rule of law’ and ‘justice’ implications in Online Dispute Resolution in construction projects

An examination of the ‘rule of law’ and ‘justice’ implications in Online Dispute Resolution in construction projects
An examination of the ‘rule of law’ and ‘justice’ implications in Online Dispute Resolution in construction projects
This paper examines the ‘rule of law’ and ‘justice’ implications of using Online Dispute Resolution (ODR) platforms as technology-mediated interfaces for small claim dispute resolution in construction projects. Data is obtained from a questionnaire survey of construction stakeholders, administered using direct non-random sampling of professional contacts with the authors. Surprisingly, study findings do not suggest any ‘rule of law’ and ‘justice’ implications for small claim ODR. Tentatively, this conclusion supports wider use of ODR. The originality of the study is that although there is considerable academic and practitioner interest in various alternative forms of dispute resolution (ADR), both practitioner use and academic study of ODR remain sparse. Thus, this study serves as a foundation for further empirical exploration of ODR as a nascent component of ADR.
0263-7863
301-316
Ojiako, Udechukwu
ba4aa342-5408-48d7-b71d-8197388bbb80
Chipulu, Maxwell
12545803-0d1f-4a37-b2d2-f0d21165205e
Marshall, Alasdair
93aa95a2-c707-4807-8eaa-1de3b994b616
Williams, Terry
085e6e3e-f94e-435c-936e-82fb0c5c4ae8
Ojiako, Udechukwu
ba4aa342-5408-48d7-b71d-8197388bbb80
Chipulu, Maxwell
12545803-0d1f-4a37-b2d2-f0d21165205e
Marshall, Alasdair
93aa95a2-c707-4807-8eaa-1de3b994b616
Williams, Terry
085e6e3e-f94e-435c-936e-82fb0c5c4ae8

Ojiako, Udechukwu, Chipulu, Maxwell, Marshall, Alasdair and Williams, Terry (2018) An examination of the ‘rule of law’ and ‘justice’ implications in Online Dispute Resolution in construction projects. International Journal of Project Management, 36 (2), 301-316. (doi:10.1016/j.ijproman.2017.10.002).

Record type: Article

Abstract

This paper examines the ‘rule of law’ and ‘justice’ implications of using Online Dispute Resolution (ODR) platforms as technology-mediated interfaces for small claim dispute resolution in construction projects. Data is obtained from a questionnaire survey of construction stakeholders, administered using direct non-random sampling of professional contacts with the authors. Surprisingly, study findings do not suggest any ‘rule of law’ and ‘justice’ implications for small claim ODR. Tentatively, this conclusion supports wider use of ODR. The originality of the study is that although there is considerable academic and practitioner interest in various alternative forms of dispute resolution (ADR), both practitioner use and academic study of ODR remain sparse. Thus, this study serves as a foundation for further empirical exploration of ODR as a nascent component of ADR.

Text Ojiako et al 2017 ODR and the rule of law - 12-08-17 - ijpm - final - full - - Accepted Manuscript
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More information

Accepted/In Press date: 11 October 2017
e-pub ahead of print date: 6 November 2017
Published date: February 2018

Identifiers

Local EPrints ID: 415471
URI: https://eprints.soton.ac.uk/id/eprint/415471
ISSN: 0263-7863
PURE UUID: 55eaa93c-5a5b-412e-a18e-fd09f4dc421b
ORCID for Maxwell Chipulu: ORCID iD orcid.org/0000-0002-0139-6188

Catalogue record

Date deposited: 10 Nov 2017 17:30
Last modified: 06 Jun 2018 12:49

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