Arbitration and Dispute Resolution

About the Course

Disputes are inevitable in most projects. However, it is a known fact that disputes are expensive, needs time to resolve and consume more project resources. Disputes negatively impact successful project completion. Disputes can delay projects and increase expenditure. Therefore, project leaders should know available options for dispute resolution.

This 5-day comprehensive Arbitration and Dispute Resolution training course discusses disputes, causes, impact and available alternative dispute resolution mechanisms in detail, providing a better understanding of each method and how to select the most appropriate dispute resolution method for a project. It takes a deep dive into Alternative Dispute Resolution (ADR) methods, equipping delegates with a versatile toolkit for resolving conflicts outside traditional litigation channels. Key ADR mechanisms, such as arbitration, mediation, and adjudication, will be thoroughly discussed, with practical insights and case studies revealing their applications in real-world scenarios.

Through engaging in case studies, the delegates will gain more exposure to the complexities of dispute resolution, enabling them to analyse, strategise, and make informed decisions when confronted with disputes in their professional lives. They will possess a comprehensive skill set, empowering them to navigate disputes effectively, choose the most appropriate resolution mechanism, and elevate their contract management capabilities, ultimately enhancing their professional success.

Core Objectives

This training course will help the delegates better understand Alternative Dispute Resolution methods, including arbitration.

The delegates will achieve the following objectives:

• Know possible causes of project disputes
• Understand how to prevent conflicts & disputes from arising
• Learn how to resolve disputes by avoiding expensive litigation routes
• Understand the dispute resolution process
• Learn various alternative dispute resolution mechanisms
• Know how to negotiate for better outcomes

Training Approach

This training course is available as classroom delivery or virtual delivery methods. Delegates will engage in group activities to foster collaboration and individual activities to cater to diverse learning styles. Case study discussions immerse learners in real-world scenarios, promoting critical thinking. Role-play exercises will enable the practical application of concepts, enhancing skill development. Visual presentations enrich understanding and retention. This multi-dimensional approach creates a dynamic learning environment, catering to various learning preferences, and ensures comprehensive skill acquisition for delegates.

The Attendees

This training course will benefit anyone who engages in projects. Project management and contract management professionals will find this programme more beneficial for learning more about ADR processes.

Likewise, it will be valuable to the professionals but not limited to the following:

• Contract Administrators  
• Contracts Managers  
• Contracts Engineers & Executives
• Quantity Surveyors
• Project Coordinators
• Project Managers
• Project Engineers
• Engineers or Contracts Operatives

Daily Discussion

DAY ONE: INTRODUCTION TO DISPUTES AND DISPUTE RESOLUTION

• Overview 
• Identify Common Causes of Disputes
• The Effects of Disputes on Project Completion
• Avoiding Disputes in each Stage of a Project
• Identify Various Approaches to Dispute Resolution Process
• Introduction to Alternative Dispute Resolution 
• Negotiation as an ADR Method

DAY TWO: MEDIATION

• Introduction to Mediation
• Overview of the Mediation Process  
• Essential Knowledge and Skills for Mediation
• Managing Disputes through Mediation   
• Mediator Strategies and Approaches Worth Knowing
• Learn How to Overcome Impasse

DAY THREE: EXPERT DETERMINATION

• Introduction to Expert Determination
• Advantages of Expert Determination
• Appointment of an Expert Determiner 
• Rules for Expert Determination
• The Determination and How to Write It

DAY FOUR: ARBITRATION

• Overview of the Arbitration Process  
• Essential Knowledge and Skills for Arbitration  
• Arbitration Agreement
• Essentials of Arbitration, including Seat of Arbitration
• Party Autonomy in Arbitration
• Arbitration Award

DAY FIVE: ADJUDICATION

• Introduction to Adjudication 
• Managing Disputes through Adjudication
• Pros & Cons of Adjudication
• When to use the adjudication approach?
• Adjudication Process
• Other Skills Necessary for Dispute Management and Resolution