The Role of Mediation in Construction Disputes
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Course Information
About this course:
This course explores the critical role of mediation as a dispute resolution mechanism in the construction industry. Mediation is increasingly recognised for its ability to resolve conflicts efficiently, maintain relationships, and reduce costs compared to traditional adversarial methods like arbitration or litigation. This course provides learners with a comprehensive understanding of mediation principles, techniques, and practical applications tailored to the unique dynamics of the construction sector.
Course Format:
- Self-paced online learning
This course explores the critical role of mediation as a dispute resolution mechanism in the construction industry. Mediation is increasingly recognised for its ability to resolve conflicts efficiently, maintain relationships, and reduce costs compared to traditional adversarial methods like arbitration or litigation. This course provides learners with a comprehensive understanding of mediation principles, techniques, and practical applications tailored to the unique dynamics of the construction sector.
Designed for professionals in the built environment, the course covers the nuances of mediation, including its legal framework, the mediator’s role, and the strategies for effective dispute resolution. Learners will gain actionable insights into how mediation fosters collaboration, preserves business relationships, and leads to win-win outcomes.
This course will empower learners to:
This course will empower learners to:
- Understand the fundamentals of mediation and its place within the hierarchy of dispute resolution
- Recognise when mediation is appropriate in construction disputes and how to initiate the process.
- Appreciate the mediator’s role as a neutral facilitator and the skills required for successful mediation.
- Apply mediation techniques in real-world construction disputes to achieve favorable outcomes.- Develop strategies to prepare for mediation, including identifying key issues, understanding interests, and framing solutions.
Upon completion of this course, you will have a solid understanding of the following core aspects of mediation:
Upon completion of this course, you will have a solid understanding of the following core aspects of mediation:
Principles of Mediation:
- The philosophy of mediation: collaboration over conflict
- Legal underpinnings and recognition of mediation in construction contracts and legislation
- Comparison of mediation to other resolution methods: arbitration, litigation, and adjudication
The Mediation Process:
The Mediation Process:
- Stages of mediation: from pre-mediation preparation to settlement agreements
- Essential skills for mediators: neutrality, active listening, and problem-solving
- Managing impasses and deadlocks effectively
Practical Applications:
Practical Applications:
- Case studies of successful mediation in construction disputes
- Tools for evaluating the success and enforceability of mediation outcomes
- Integration of mediation clauses into construction contracts
Who Should Enroll?
- Quantity Surveyors, Project Managers, and Contractors
- Employers and Developers involved in construction projects
- Dispute resolution professionals seeking a basic refresher on the topic of mediation
Course Format:
- Self-paced online learning
- Video modules led by industry experts
- Interactive case studies and real-world examples
- Knowledge checks and quizzes to reinforce learning
Why Enroll in This Course?
Why Enroll in This Course?
Gain the skills and knowledge to navigate disputes effectively, reduce costs, and foster a collaborative construction environment. Enroll now to master the art of mediation and ensure successful project outcomes!
Presenter Details
Quintin de Klerk has been in the construction industry for 21 years as a Professional (Civil) Engineer, Consultant and Senior Executive. Amongst others, he has applied his energies to construction project management, dispute resolution and claims negotiation in the international arena. He has experience in corporate management, corporate organisation and strategic analysis. Additionally, he holds a master’s degree in construction law, arbitration and adjudication. Quintin's wealth of knowledge in the area of construction contracts makes him a superb presenter for this course.
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