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Training Conflict Avoidance and Dispute Resolution in Construction Industry

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Training 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.

Training 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

Training Course Details/Schedule

  • 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
  • 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
  • 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
  • Drafting international arbitration clauses
  • The New York Convention
  • The arbitration award and its enforcement
  • Arbitration in GCC
  • Introduction to mediation: The process and its principles
  • Difference between Mediation and Arbitration
  • Litigation vs. Arbitration
  • Wrap – up
  • Q&A

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General Notes

All our courses can be facilitated as Customized In-House Training course.

Course duration is flexible and the contents can be modified to fit any number of days.

As for Open Enrolment Courses, we offer our clients the flexibility to chose the location, date, and time and our team of experts who are spread around the globe will assist in facilitating the course.

The course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch and a Certificate of successful completion of Training.

FREE Consultation and Coaching provided during and after the course.

VENUE

Yogyakarta, Jakarta, Bandung, Bogor, Cirebon, Solo, Semarang, Surabaya, Malang, Bali, Lombok, Samarinda, Balikpapan, Banjarmasin, Pontianak, Makassar, Medan, Palembang, Lampung, serta Timor Leste, Thailand, Singapore, dan Kuala Lumpur (dengan harga dan minimal kuota yang berbeda).

Permintaan Brosur penawaran Training Pelatihan ( Harga, Waktu dan Tempat) silahkan Menghubungi kami.

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