Abstract

Negotiation is the most frequently used and economical way of resolving construction disputes. However, negotiators are not always rational decision makers. It is not uncommon to find that negotiations fail despite the tabling of notable settlement options. Having the intention to settle is paramount in achieving an amicable settlement. To improve the success rate of construction dispute negotiations, this study posits exploring negotiators’ intention to settle from the perspective of how they perceive failure. Applying construal-level theory (CLT) and the concept of psychological distance (PD), it is hypothesized that construction dispute negotiators having the proximal psychological distance of negotiation failure would raise the respective concern that mediates intention to settle. With data collected from experienced construction dispute negotiators, the results of the partial least squares structural equation modeling (PLS-SEM) supported the hypothesis. The findings of the study indicated that the negotiators’ distal perception of and low concern for failure can obscure their intention to settle. Furthermore, the results indicated that a reduced PD could enhance negotiators’ intention to settle. This finding explains why reality testing is effective in steering negotiators’ decisions along a rational course. In practice, a realistic assessment of the consequences of a negotiation failure by either the negotiation team or a neutral third party would raise attention to failure. The resulting proximal PD would lead to a stronger intention to settle. The study is novel in (1) offering a vital theoretical link between the perception of failure and the settlement intention; and (2) anchoring the functions of reality testing with the concept of PD.

Full Text
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