Avoid and Manage Construction Disputes

Subject LAWS70245 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

September, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • Construction contract provisions relating to disputes: Objectives, approaches and enforceability
  • Conflict: Conflict patterns and management
  • Communication and negotiation skills
  • DAPs: Dispute Review Boards, Dispute Adjudication Boards and dispute resolution advisers
  • ADR: Mediation (including mock mediation), senior executive appraisal/mini trials, non-binding and binding expert determination, arbitration and hybrid and multi-tiered processes
  • Selecting the most appropriate form of DAP and/or ADR processes
  • Process dynamics, options and strategic issues, including paths to ADR.
Objectives:

A student who has successfully completed this subject should:

  • Be able to identify the causes of disputes on construction projects
  • Understand the psychology of conflict and how it can be effectively managed
  • Understand the broad range of dispute avoidance and management options available and their relationship to judicial and arbitral processes
  • Be able to critically assess and advise on contract provisions relating to disputes
  • Be able to determine the most appropriate form of dispute avoidance processes (DAPs) and alternative dispute resolution (ADR) for any given project or dispute
  • Be able to negotiate, communicate and participate in dispute resolution processes.
Assessment:

Take-home examination (100%)
(19-22 November)
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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