(Click Category to List Courses)
18 - CMN - Contract Management and Negotiation Skills
CMN 143 - Conflict Avoidance and Dispute Resolution in Construction Industry
| Code | Start Date | Duration | Venue | |
|---|---|---|---|---|
| CMN 143 | 29 April 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 03 June 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 08 July 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 12 August 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 16 September 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 21 October 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 25 November 2024 | 5 Days | Istanbul | Registration Form Link |
| CMN 143 | 30 December 2024 | 5 Days | Istanbul | Registration Form Link |
Course Description
Construction industry disputes are common and the amounts in dispute are considerably high. Such disputes are often quite complex making it difficult to present the issues clearly to the non-technical triers of fact. The traditional dispute resolution process involved negotiations, possibly mediation, followed by litigation. Although the construction industry is not typically considered to be progressive or forward thinking, with respect to disputes resolution the industry has developed a number alternative means of resolving disputes. Numerous Avoidance and Dispute Resolution (ADR) techniques have been developed and implemented, all with the end goal of resolving disputes without resorting to traditional, time-consuming and expensive litigation.
This course discusses different forms of ADR that are being used in the construction industry. While some are merely variations of a theme, all are different and all have advantages and disadvantages that should be considered prior to selection.
Course Objectives
- Describe what is meant by ADR
- Understand Identify the right course of action to resolve a dispute
- Reduce the possibility of disputes leading to legal action
- Apply national and international legal requirements for dispute resolution
- Understand Arbitration process
- Understand Mediation process
Who Should Attend?
- General contractors and their project managers
- Project owners and their representatives
- Design professionals
- Construction managers
- Construction attorneys
- Subcontractors
- Vendors
Course Details/Schedule
Day 1
- Conflict Avoidance and Dispute Resolution What is a dispute? Is a “difference” a dispute?
- Fundamentals of Dispute Resolution
- Contract definitions and clauses addressing disputes
- What is Alternative Dispute Resolution (ADR) and Why to use it ?
- Dispute Resolution Provisions of Stand Form of Contracts used in Construction Industry
- Dispute Resolution Board Foundation
Day 2
- Various forms of ADR
- Arbitration
- Adjudication
- Expert Determination
- Mediation
- Negotiation
- The benefits of each type of ADR
- What is Negotiation?
- Principle-based Negotiation
- Removing people from the problem
- Open and closed questions
- Agreed outcomes
- BATNA’s
Day 3
- International arbitration;
- Introduction to international arbitration
- Institutional versus ‘ad hoc’ arbitration
- Arbitration Process
- Selection of Arbitrators
- Interim and Emergency Measures in International Arbitrations
- Costs in Arbitration
- Construction Industry Arbitrations ICC Report
Day 4
- Drafting international arbitration clauses
- The New York Convention
- The arbitration award and its enforcement
- Arbitration in GCC
Day 5
- Introduction to mediation: The process and its principles
- Difference between Mediation and Arbitration
- Litigation vs. Arbitration
- Wrap – up
- Q&A
