COVID-19 Impact on Dispute Resolution – The Utilization of Mediation in the Settlement of Construction Disputes in Malaysia

Zulhabri Ismail, Nurul Safiyah Othman

Abstract


COVID-19 has a profound effect on all facets of life, particularly the construction industry. It has also affected the conflict resolution in construction dispute resolution. Due to the impact of this pandemic, there will be a great deal of conflict among the parties involved. Even though many in the construction industry favour mediation, it is nonetheless employed significantly less frequently than adjudication and other conflict resolution techniques. Despite the efforts of Malaysian government to introduce the COVID-19 Mediation Centre or more known as PMC-19 as a tool for resolving disputes during COVID-19, the use of mediation remains minimal. This study intends to establish the use of mediation in settling construction conflicts in Malaysia during the COVID-19 outbreak. The objectives of the research are to identify the effect of the COVID-19 outbreak on mediation, to analyse the causes of mediation for not being fully utilised, and to appraise the approach to increase the usage of mediation as a dispute resolution method during COVID-19 outbreak in Malaysia. Qualitative data were collected through semi-structured interviews. Findings indicated that COVID-19 has replaced face-to-face mediation procedures with online mediation. In addition, many approaches to increasing the use of mediation as a means of settling construction disputes have been identified, the most significant of which would be the enforcement of mediation settlement by the Malaysian government. Future research should focus on the input from mediators, contractors, and all construction players to improve the usage of mediation as a settlement of construction disputes in Malaysia.


Keywords


Covid-19, Dispute Resolution, Mediation

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References


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