ADR approaches save time and money when compared to traditional methods such as litigation. Dispute resolution is a key skill you need to develop if you're involved in contract negotiation and management.
In this course, you'll analyse the merits of each ADR approach, including:
You'll then learn how to apply negotiation skills to engineering, project management and contracting.
After completing this course, you'll be able to:
- confidently recognise and deal with disputes
- resolve disputes using the appropriate ADR methods
- negotiate new agreements and contracts
- know when to walk away from negotiations.
- Defining and recognising disputes
- Addressing disputes in contracts
- Forms of ADR and how to choose the appropriate one for your situation
- Negotiation techniques
- When to end a negotiation
Is this course for you?
This course suits engineers and related professionals who want to develop advanced dispute resolution or negotiation skills. Participants should have five to 10 years of professional experience. The course is valuable for:
- senior executives
- project managers
- contract and procurement professionals
- finance staff
- site staff.
There are no prerequisites for this course.
Topics we'll cover
- What is a dispute?
- Contract definitions and clauses addressing disputes
- Are we limited to the contract processes?
- Why use ADR?
- Forms of ADR - arbitration, adjudication, expert determination, mediation, negotiation
- The benefits of each type of ADR
- What is negotiation?
- Common ground in effective negotiation
- Practising negotiation
- Best alternative to a negotiated agreement (BATNA)
- When to walk away
Take this course to build skills and knowledge in the following Engineers Australia Chartered status competencies*:
5. Engage with the relevant community and stakeholders
*Completing this course does not automatically guarantee you a competency. However, you will gain the base knowledge you need to develop these specific Chartered competencies.
Margaret Andre specialises in contract law and is a senior lawyer with McCarthy Commercial and Construction Lawyers.
She has expertise in the building and construction sector, where she has advised and represented a wide range of parties on their rights, obligations and risk exposure under a contract. She has experience in dispute resolution of contract claims through mediation, adjudication, arbitration and court processes.
Margaret has extensive experience as an educator and aims to create an enthusiastic, collaborative learning environment by building on the skills and experience of course participants.
Sean McCarthy is a solicitor with extensive experience as a construction and general contracts advisor. He is also the Director of McCarthy Commercial and Construction Lawyers.
Sean worked in the building and construction industry for many years before completing his Master of Juris Doctor and transitioning to legal practice. As a lawyer, Sean has advised both government and private sector clients on a host of major projects and contract claims.
Sean is an active educator on construction matters. As a qualified training professional and experienced lawyer, he brings an enthusiastic and participative approach to his teaching.
Enjoyed the course, very informative, educational. Sean used our roles / work related [examples] to apply relevant concepts.
Sean is an excellent facilitator who is great at communicating legal, contractual and negotiation principles. I think his approach and use of the formal and informal discussion and scenarios is useful not just in work but also in your personal life.