Introduction and Background to ADR and DAB

• Courses of Claim/Disputes and Construction Projects
• What is a Claim and What Constitutes a Dispute

Alternative Dispute Resolution

• Origins, History and Development of ADR
• General Concept of ADR
• Wide Variety of ADR Mechanisms
• ADR Advantages and Disadvantages
• Negotiation: General Concept
• Keys for Successful Negotiation
• Negotiation: Importance of Court Role Traditions
• Trends for the Future of ADR
• Different Cultures Adversarial Against Inquisitorial Systems

Mediation and Its Role in Construction

• Introduction to Mediation
• Mediation Clauses in Contracts: Advantages and Disadvantages
• Role of Mediation in Relation to other Dispute Resolution Processes
• Mediation vs. Arbitration
• Disputes Suitable or Not Suitable for Mediation
• Choosing your Mediator
• Arranging, Preparing and Possible Outcomes of Mediation
• Mediation of Construction Disputes Internationally
• Mediation in Construction – the UK experience

Other ADR Models Internationally Used

• CEO Clauses: What is a CEO Clause and an Example
• What is a Mini-Trial: Mini-Trial History
• What is the Role of the Neutral Chairman in a Mini-Trial
• Mini-Trial Model Clause
• Which Mini-Trial Framework Procedure
• Expert Determination: Why and How
• Legal Standing of Expert Determination
• Early Neutral Evaluation: Process and Example of Early Neutral Evaluation Clause

Adjudication

• Adjudication: The UK Experience
• Other Provisions of the Legislation
• International Spread of Comparable Regimes

Dispute Boards

• Historical Background of Dispute Boards
• Introduction to Dispute Boards
- Development of Dispute Boards for Major Projects
- Dispute Boards in FIDIC
- ICC System for Dispute Boards
- Challenges Facing Dispute Boards

Multi-Tier Dispute Resolution

Dispute Avoidance

• Dispute Boards and Dispute Avoidance
• Avoiding/Minimising Conflict in the Project
• Avoiding/Minimising Conflict in the Project: Dispute Resolution Advisor (DRA)
• Developments on Dispute Avoidance

FIDIC Provisions for Dispute Resolution

• Introduction to the FIDIC Contracts
• Developments of the DAB in the FIDIC Contracts
• Appointment of the DAB
• Settlement of Disputes by DAB
• Conduct of the DAB Hearing
• Content of DAB Decisions
• Enforceability of DAB Decisions

Module 11