This course provides an in-depth understanding of the various methods used to resolve contractual disputes in construction, listed in decreasing order of cost and time, including litigation, arbitration, adjudication, expert determination, conciliation, mediation, and negotiation. A key focus will be on the distinction between imposed and consensual methods, emphasizing the need for imposed methods as a last resort if consensual approaches fail. The course will highlight why conciliation is often the best method for resolving disputes, particularly within the Irish construction industry, where unique published conciliation procedures apply. It will explore contractual provisions, particularly the use of conciliation in Public Works Contracts (PWCs), and the approach and behavior parties should adopt during conciliation to maximize success. The process will be covered in detail, including initial written submissions and the mindset required to avoid treating conciliation as arbitration. Finally, guidance on selecting and appointing a conciliator will ensure participants can effectively navigate this critical dispute resolution method.
This Course runs from 09.00hrs – 13.30hrs .