Dispute Resolution and Expert Witness

At ECS we understand that the ability to manage disputes and provide expert testimony is becoming increasingly valuable in today’s complex infrastructure and construction environments.

Join our 2-day online Dispute Resolution and Expert Witness Training Course.
❂ 9th - 10th July
❂ R6 890.00 ex VAT
❂ MS Teams
❂ Book NOW - training@ecs.co.za / +27 11 803 3008
❂ Prerequisite: Delegates are required to complete a pre-assessment before the class commences.

Course Objectives:
• Understanding what constitutes a dispute in the context of construction.
• Identifying the various types and causes of disputes in the construction industry.
• Gaining knowledge of the legal background relevant to disputes.
• Learning about different mechanisms for dispute resolution, including negotiation, mediation, adjudication, arbitration, and litigation.
• Understanding how to select the appropriate dispute resolution method based on various factors.
• Becoming aware of the latest trends in Alternative Dispute Resolution (ADR).
• Identifying key principles for achieving effective dispute resolution.

Course Content:
Day 1
Introduction to Dispute Resolution:
What is a dispute?
How Disputes Arise: Types and Causes.
Legal Background to Disputes:
• Rules of Natural Justice.
• South African Framework for Dispute Resolution.
• Role of the Courts in Dispute Resolution.
• Standard Terminology relevant to dispute resolution.
Mechanisms of Dispute Resolution:
• Selection of Appropriate Method.
Negotiation:
• Process of negotiation.
• How to resolve claims through negotiation.
• Pros and cons of negotiation.
Mediation:
• How mediation works.
• Mediation stages.
• How to resolve claims through mediation.
Latest Trends in Alternative Dispute Resolution (ADR):
• Increased Use of Mediation.
• Focus on Avoidance and Collaboration.
• Court-Annexed Mediation.
• Technology & Virtual Dispute Resolution.
• Preventative Avenues to Decrease Disputes.
• Increase in ESG & Public Interest Disputes.
• Specialised Dispute Resolution Forums.

Day 2
Mechanisms of Dispute Resolution (continued):
Adjudication:
• Contract claims and dispute resolution through adjudication.
• Appointment of an adjudicator.
• How to resolve claims through adjudication.
• Pros of adjudication.
Arbitration:
• Contract claims and dispute resolution through arbitration.
• How to resolve claims through arbitration.
Litigation:
• Contract claims and dispute resolution through litigation.
• How to resolve claims through litigation.
Key Principles for Achieving Effective Dispute Resolution:
• Clear Dispute Resolution Clauses.
• Multi-Tiered Dispute Process.
• Time Limits.
• Neutral Third Parties.
• Confidentiality.
• Enforceability.
• Cost Considerations.
• Expert Determination.
• Dispute Avoidance Mechanisms.
• Flexibility.
• Documentation.

Training Methodology:
• Interactive lectures.
• Group discussions.
• Case studies and real-life examples.
• Hands-on exercises.
• Pre- and post-assessment.

Assessment:
• Pre-assessment: Completion before the training session.
• Post-assessment: Completion after the training session.
• Minimum pass mark: 80% in the post-assessment.

Certification:
• Certificate of Successful Completion will be issued upon achieving the minimum pass mark in the post-assessment.