COMPETENCE LEVELS OF ALTERNATE DISPUTE RESOLUTION FACILITATORS IN THE CONSTRUCTION INDUSTRY IN SOUTH AFRICA

• Main Author: du Preez, Olive RC
• Other Authors: Prof JJP Verster
• Format: Others
• Language: en-uk
• Published: University of the Free State 2013
• Subjects: Quantity Surveying and Construction Management
• Online Access: http://etd.uovs.ac.za//theses/available/etd-05172013-110814/restricted/

The complex nature of the construction industry calls for an effective claims management system which is supported by Alternate Dispute Resolution (ADR). Research indicates that ADR is not applied effectively in the industry, which raises the question as to the competence levels of practicing professionals in the role of ADR facilitator. The purpose of the study was to identify the requirements for effective ADR practice and to determine the competence levels of practicing professionals facilitating ADR in the South African construction industry. The findings of the research are intended to determine possible education and training requirements which may be employed to ultimately improve the contribution of ADR in the industry. A literature review was conducted to identify the requirements for effective ADR practice based on international standard practice. A questionnaire based on identified competencies was then developed and administered amongst the practicing professionals in order to determine current knowledge, skills, attributes and experience levels of practicing professionals in the South African construction industry. The findings of the data analysis were plotted on a competence model which reflected the key competencies as identified in the literature review. The competence models reflected the competence levels of practitioners in the industry. A situational competence model was developed illustrating the development process required for ADR facilitators in the construction industry through which professionals should progress in achieving competence however; the model is based on the current situation and will be subjected to variations as the situation changes. The situational competence model suggests that practicing professionals progress through four stages before becoming fully competent in facilitating ADR. Respondents were also grouped into age groups in order to address education and training compared to experience gained. This was intended to determine at which point competence is achieved by comparing the state of the new entrants to the industry with the more experienced professionals. Qualitative data was obtained by means of interviews and open ended questions posed in the questionnaire provided the information required to assess the current situation in the industry. The findings indicated that the problem areas tend toward the the application of the methods, skills and techniques however, respondents consider the application of the fundamentals of ADR important and they are applied effectively as required for successful dispute resolution. The high ratings on the self analysis in terms of the active listening competence raised the question as to the possibility that there may have been a degree of misinterpretation regarding the effective application of this competency. This response also suggests the possible influence of response bias. It was concluded that ADR in the industry is not applied according to the requirements of standard practice and according to the data analysis of the self evaluation; practicing professionals do not meet the requirements for competence in the practice of ADR. It was also identified that experience needs to be addressed in order to achieve competence. Practicing professionals are knowledgeable of the requirements for effective practice, however, experience is lacking. A further need which was identified in practice was for conciliation to be facilitated on site in order to minimize the risk of dispute, in the project environment. The findings support the need for more emphasis to be placed on ADR in the construction industry in the form of education, training and mentorship.