Conflict management in building management : from conventional platforms to alternative dispute resolution methods in resolving community disputes in Hong Kong

Abstract

Hong Kong is a higher populated city where most of the population live in multi-storey residential buildings. Residents can easily be affected by actions of neighbours, resulting in community disputes. Community disputes need effective means to be resolved. Practically, the Estate Offices (EO) or Property Management Offices (PMO) are the primary channel in resolving community disputes in building management. However, if community disputes cannot be resolved or outside the purview of local EO/PMO, the complaints and disputes may be escalated to other channels, e.g. the Government and statutory authorities, the Lands Tribunal, the District Councils and the media. The homicide and arson case in Kwun Lung Lau occurred on 16th July 2016 aroused social concern on community dispute resolution. The Coroner’s Court heard that the resident who set fire inside the flat had made noise complaints to neighbour without amicable settlement. It is noted that if community disputes cannot be resolved at early stages, it can turn out to be tragic events. In this regard, the research aim of the dissertation is to investigate conflict management in building management by exploring and evaluating Alternative Dispute Resolution (ADR) methods in resolving community disputes in Hong Kong. The intrinsic benefits of mediation and arbitration as the ADR methods in resolving disputes have been widely recognised by the Government for many years in Hong Kong. Having said that, ADR methods are yet to be widely established to resolve community disputes. To examine whether ADR methods are compatible with the existing community dispute resolution procedures, a research entitled “Conflict Management in Building Management: From Conventional Platforms to Alternative Dispute Resolution Methods in Resolving Community Disputes in Hong Kong” has been conducted. Empirical and conceptual literature reviews were conducted to identify the key issues about ADR methods on community disputes to be investigated in the dissertation. Internet survey and personal interviews were conducted on a voluntary basis to obtain the views of owners / residents and key stakeholders for ADR methods in resolving community disputes. Analysis and discussion were performed in order to identify the critical findings on conflict management in the building management sector. The findings show that although a higher satisfaction rate on ADR methods, there is a gap that most respondents are not only lack of knowledge to manage community disputes but also rely on the positional and right-based approach to resolve the disputes. ADR methods remain lower utilised in building management. To this end, ADR methods are advocated from promotion of self-managing community disputes to a wider use of the compatible ADR methods in resolving community disputes. A Community Mediation Scheme in public housing and an optional “Med-Arb” process in private housing is recommended in resolving community disputes. More efforts should also be deployed to promote wider adoption of mediation in building management in order to better and further promote social harmony in Hong Kong.