LAW4244 Construction law (dispute resolution)

When you finish this unit, you should be able to:

1. 1

   articulate and explain the causes of construction disputes and the factors contributing to the escalation of construction conflicts into construction disputes;

2. 2

   identify and distinguish between different types of dispute avoidance processes (DAPs) used on construction projects around the world and evaluate the pros and cons of each;

3. 3

   explain the ways in which parties can engage in 'real time' resolution of construction disputes during the course of a project, and the legal ramifications of such processes;

4. 4

   compare and contrast different ADR options available (mediation, expert determination, senior executive appraisal and early neutral evaluation) and identify the factors that influence the suitability of each for particular construction disputes;

5. 5

   critically evaluate the use of arbitration for the resolution of construction disputes at both a domestic and international level;

6. 6

   describe and outline the regulatory regimes governing domestic and international arbitrations of construction disputes;

7. 7

   assess the judicial systems in place in Australia and other countries for the determination of construction litigation and the need for reform; and

8. 8

   undertake scholarly research and write clearly, concisely and logically on the avoidance, management and resolution of construction disputes.