Alternative Dispute Resolution Mechanisms in Construction Projects

Description

Alternative dispute resolution mechanisms in construction projects for professionals is a practical training course designed to equip construction professionals with the knowledge and skills required to prevent, manage, negotiate, and resolve construction disputes efficiently without relying primarily on lengthy and costly litigation. The training course examines major alternative dispute resolution mechanisms used in construction, including negotiation, mediation, adjudication, dispute review boards, conciliation, and arbitration. Participants will learn how to assess disputes, understand contractual dispute-resolution provisions, prepare supporting documentation, negotiate settlements, and select the most appropriate dispute-resolution mechanism for different construction situations. Construction claim and construction dispute have direct relationship. Theoretically, unresolved claim within the construction claims management process constitutes a construction dispute. However, there are other legal and pragmatic considerations to be made to have, in fact, a construction dispute.
The training course identifies and presents those additional factors to transform the unresolved construction claim into a construction dispute. In this professional training course, practical applications, case studies and project-based scenarios are included. Topics covered include the following:

• Construction disputes
• Alternative dispute resolution mechanisms
• Construction disputes settlement methods
• Direct negotiation
• Assisted negotiation: construction disputes mediation
• Assisted negotiation: construction disputes conciliation
• Judgmental methods
• Construction adjudication
• Construction arbitration

Outcomes

Upon the completion of this training course, participants will be able to:

• Understand alternative dispute resolution mechanisms, as applied to construction disputes
• Understand the concept of construction disputes and address the elements defining the concept of construction dispute
• Explore and use the concept and scope of alternative dispute resolution and its contractual and legal position
• Explore and use the concept, scope and common features of and pre-conditions for settlement method including some perceived advantages
• Understand the concept and methods of direct negotiation and its strategy
• Understand the concept of mediation, construction mediation and the role of the mediator in construction disputes mediation and the structure and process of mediation
• Understand the concept of conciliation and the various roles of the conciliator in construction disputes conciliation and the skeletal process applicable to conciliation
• Understand the concept, scope of and common features applicable to judgmental methods
• Understand the concept of and background to construction adjudication
• Explore and use the special features of construction adjudication, types and process of construction adjudication
• Define and use the concept, features, types and process of construction arbitration including role of courts in arbitration

Target audience

The target audience for this training course includes construction project managers, civil engineers, architects, quantity surveyors, contract administrators, planning engineers, project control engineers, consultants, contractors, developers, procurement professionals, and client representatives.