An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry
Purpose – The Turkish Ministry of Justice submitted the Draft Law on mediation in legal disputes, which was predicated on the European Council (EC) Directive on certain aspects of mediation in civil and commercial matters, to the Turkish Parliament in June 2008. Contentious arguments have followed on the provisions of the Draft Law as well as on the overall applicability of mediation in Turkey. The purpose of this paper is to examine the context surrounding the new mediation phenomenon in order to identify the key challenges awaiting its widespread use in the Turkish construction industry.Design/methodology/approach – Two complementary approaches were adopted in this paper. First, an analysis of the most debated papers of the Draft Law is carried out to determine the potential problems associated with the legislation by making comparisons with the EC mediation directive and mediation laws in some of the member states. Second, a series of structured interviews are organized among the Turkish construction i...
An investigation of evaluative and facilitative approaches to construction mediation
Purpose – The paper seeks to examine the debate on mediator style and provide empirical evidence on mediator orientation, which has implications for party choice and the development of professional standards for construction mediators in the UK.Design/methodology/approach – This paper analyses the theoretical arguments and distinctions in mediator style and assesses the available evidence relating to the utilisation of evaluative or facilitative mediator approaches in the UK and US construction industry. The paper reports on data from qualitative interviews with construction lawyers experienced in using mediation in the UK to assess the level of evaluative conduct experienced.Findings – The findings suggest that interviewees had experienced a mix of evaluative and facilitative interventions by mediators. The data support the contention that construction mediation in the UK mirrors the experience of the USA and is becoming “lawyer‐driven” and adversarial, with mediators utilising evaluative techniques whic...
Integrating Al with NiO nano honeycomb to realize an energetic material on silicon substrate
Nano energetic materials offer improved performance in energy release, ignition, and mechanical properties compared to their bulk or micro counterparts. In this study, the authors propose an approach to synthesize an Al/NiO based nano energetic material which is fully compatible with a microsystem. A two-dimensional NiO nano honeycomb is first realized by thermal oxidation of a Ni thin film deposited onto a silicon substrate by thermal evaporation. Then the NiO nano honeycomb is integrated with an Al that is deposited by thermal evaporation to realize an Al/NiO based nano energetic material. This approach has several advantages over previous investigations, such as lower ignition temperature, enhanced interfacial contact area, reduced impurities and Al oxidation, tailored dimensions, and easier integration into a microsystem to realize functional devices. The synthesized Al/NiO based nano energetic material is characterized by scanning electron microscopy, X-ray diffraction, differential thermal analysis, and differential scanning calorimetry.