Workshop on Dispute Avoidance – No.1
Venue:
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Wisma IEM, 03- CSETD Lecture Room, 2nd Floor, 04- TUSTD Lecture Room, 2nd Floor
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Date & Time:
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25 Aug 2016 (5:31 PM - 7:30 PM)
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CPD: |
2 |
Closing Date Before: |
22-Aug-2016 (Subject to change based on availability of seat) |
Organised By |
Sub-Committee on Dispute Avoidance and Resolution Practice (DARP) |
INTRODUCTION
The Subcommittee on Dispute Avoidance and Resolution Practice (DARP) is launching a series of Workshops aimed at training Engineers to gain skills in Dispute Avoidance by dealing with ISSUES which arise and resolving such ISSUES expeditiously before they fester and become full-blown DISPUTES. The Workshops will be conducted on case studies submitted by participants. This will provide the maximum benefit to those who submit case studies as it would give them direct experience of the problems they encounter.
SYNOPSIS
In Construction Contracts, when disputes arise they are usually resolved by one or more of the following methods :-
● Negotiation ● Mediation ● Adjudication ● Expert Determination ● Arbitration ● Litigation
Engineers and other construction professionals who are embroiled in DISPUTES find that the resolution processes can be :-
● Tedious and time consuming ● Bewildering ● Unproductive ● Frustating ●Costly (even for successful party)
In some cases, the conventional dispute resolution processes are not utilized. Parties avoid disputes or negotiate to settle on the advice of :-
● Dispute Resolution (Review) Boards (DRB) ● Dispute Resolution (Review) Advisor (DRA) ● Dispute Adjudication Board (DAB)
In order to avoid dispute, one must distinguish between an ISSUE and a DISPUTE. An ISSUE arises when two (or more) Parties have differences of opinions (or views) about a certain subject matter (technical, contractual or legal, personal preferences). An ISSUE can usually be resolved through discussion (or negotiation) during which each party presents his opinion (or views) supported with facts, reasons or rationale. Sometimes the Parties can compromise as it could become clear that neither party is absolutely right or wrong. This is what negotiation is about. At other times the Parties cannot reach a consensus. In such situation, third Party assistance is enlisted. This third Party can be :-
● Mediator ● Expert Determination ● DRB ● DRA ● DAB
On dealing with ISSUES, we are not talking about Dispute Resolution, but getting to a consensus on an ISSUE by the Parties themselves, if necessary on the advice of a neutral Party who is an expert on the issue at hand. This expert function is increasingly being taken up by DRB, DRA and DAB.
Participants in this workshop shall note that the workshop is not intended to provide advice on the resolution of Disputes and the sole purpose of the workshop is for sharing of knowledge in the practice of Dispute Avoidance.
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