About this Course

Mediation is a private, informal process in which parties are assisted by one or more neutral third parties in their efforts towards settlement. During the past two decades or so, there has been a growing awareness of the benefits of mediation as a dispute resolution technique in order to reduce the high costs of litigation.

In 1997, the Singapore Mediation Centre (SMC) was established to promote, develop and facilitate the settlement of disputes by alternative dispute resolution processes. Mediation is one of the services offered. In Singapore, mediation is not only used for private disputes but forms part of the Singapore Legal system.

In view of the complexity of construction projects, disputes can occur for a variety of reasons and are usually multi-issue and multi-party in nature. Mediation is a much quicker process than litigation or arbitration to resolve the disputes. The parties have more control over the final settlement in a cost efficient manner. The settlement terms are agreed by the parties voluntarily, the business relationship of the parties is likely to maintain after the disputes.

In Nov 2014, the Singapore International Mediation Centre (SIMC) was setup to provide the new Arb-Med-Arb service which is a dispute resolution process combining arbitration and mediation. If the parties are able to settle their dispute through mediation, their mediated settlement may be recorded as a consent award. If the parties are unable to settle their dispute through mediation, they may continue with the arbitration proceedings.

Objectives

This course gives an overview of the nature of construction project disputes, their impact on the projects and how mediation techniques can be used to resolve the disputes to save time and cost before arbitration or court proceedings.

The use of Arb-Med-Arb process in dispute resolution on cross-border construction projects is even more pronounced, as it combines the cost effectiveness, feasibility and party autonomy of mediation with the finality and enforceability of arbitration in a seamless and convenient manner for the benefit of parties in disputes.

By the end of the course, participants should :

• be aware of the nature of construction project disputes
  
• understand the benefits of mediation in dispute resolution
  
• know how to carry out mediation practically
  
• be able to apply the knowledge learned in their work
  

Course Outline

1) Nature of construction project disputes

2) Implication on projects if disputes not resolved

3) Mediation term in construction project contract

4) Mediation techniques

• Process
  
• Settlement
  

5) Arb-Med-Arb process of SIMC

6)Case study

Who Should Attend

The course will be useful to technical executives, supervisors, project managers, project coordinators, contract administrators, architects, quantity surveyors, company directors, developers, lawyers, legal practitioners, legal counsel, safety practitioners, professional engineers and engineers who work in the construction industry

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