Avoid and Manage Construction Disputes

Subject LAWS70245 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

October, 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: Not available
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 more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our 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 (DRB), Dispute Adjudication Boards (DAB) and dispute resolution advisers (DRA)
  • ADR: Mediation (including mock mediation), senior executive appraisal/mini trials, non-binding and binding expert determination, domestic and international 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:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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