Dispute Resolution in Construction

Unfortunately, disputes arise under construction contracts on a regular basis. This course will give attendees an understanding of the different types of disputes that frequently arrive, as well as the different options available and how to navigate each. From negotiation, mediation, arbitration, and adjudication. At the end of this course, you will be better informed on the different resolution options available and will be more confident in choosing the right process for each dispute.

All attendees will receive highly informative course notes, and will get a chance to ask specific questions relating to current or future disputes that have or will arise on projects from one of the country’s leading dispute resolution lawyers.

Course Content

Negotiation

Common negotiating tactics

The use of “without prejudice” correspondence.

Mediation / Conciliation

During this session, participants will be taken through a typical mediation / conciliation process.

This will include drafting “position papers”, what a typical mediation / conciliation day would look like, and how to conduct yourself during the process.  

Time will also be spent discussing the structure of a good settlement agreement.

Adjudication

The nuances of adjudicating in Ireland will be considered in detail from the point of view of both the Referring Party and the Responding Party.

A typical adjudication process from the notice of intention to refer, to the adjudicator’s decision.

Expert Determination

The process involves bringing in a third-party expert to determine the correct answer and agreeing to be bound by his/her decision.

We will discuss when using expert determination is appropriate, and what the potential pitfalls are in using it.  

Arbitration / Litigation

What is required of witnesses off act and expert witnesses during these processes.

The differences between arbitration and litigation.

Who Should Attend

This course would be very beneficial to all public and private sector organisations, construction professionals, engineers, architects, government departments, local authorities, semi state bodies and surveyors to name just a few. It would be beneficial to anyone who is currently preparing for mediation / conciliation, or to those who wish to gain a greater understanding of the process.