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18 - CMN - Contract Management and Negotiation Skills

CMN 143 - Conflict Avoidance and Dispute Resolution in Construction Industry

Code Start Date Duration Venue
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
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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