Introduction:

Disputes and claims are common in contractual, commercial, and project environments, often arising from misunderstandings, delays, cost overruns, or differing interpretations of obligations. Effective resolution ensures that conflicts are managed constructively, reducing risks to relationships, finances, and reputations. This program equips participants with practical knowledge of dispute resolution processes, claim management techniques, and the legal and contractual frameworks that govern them. By focusing on negotiation, mediation, arbitration, and litigation, participants will be prepared to handle conflicts fairly and efficiently.

Program Objectives:

At the end of this program, participants will be able to:

Identify the causes and types of disputes and claims in organizational and project settings.
Apply structured methodologies for analyzing and managing claims.
Evaluate different dispute resolution mechanisms (negotiation, mediation, arbitration, litigation).
Develop strategies to prevent disputes through clear documentation and proactive contract management.
Strengthen decision-making and communication skills to achieve fair and sustainable resolutions.

Targeted Audience:

Contract managers and administrators.
Project managers and engineers.
Legal and compliance professionals.
Procurement and supply chain officers.
Senior managers and executives involved in governance and risk.

Program Outline:

Unit 1:

Fundamentals of Disputes and Claims:

Nature and sources of disputes in contracts and projects.
Types of claims: contractual, financial, technical, and operational.
The role of contracts in shaping dispute outcomes.
Consequences of unresolved disputes.
Common challenges in dispute and claim resolution.

Unit 2:

Claims Management Principles:

Identifying potential claims early.
Documentation and record-keeping essentials.
Claim preparation and submission steps.
Responding to claims: evaluation and counterclaims.
Preventive strategies to minimize escalation.

Unit 3:

Dispute Resolution Mechanisms:

Negotiation techniques for amicable settlement.
Mediation: principles, benefits, and processes.
Arbitration: procedures, enforceability, and global practices.
Litigation: when court action is necessary.
Comparative analysis of methods.

Unit 4:

Legal and Contractual Frameworks:

Key contractual clauses related to dispute resolution.
International standards (e.g., FIDIC, UNCITRAL, ICC rules).
Legal enforceability of dispute outcomes.
The role of governing law and jurisdiction.
Integrating dispute resolution clauses into contracts.

Unit 5:

Practical Skills for Resolution:

Communication and negotiation skills for conflict management.
Decision-making under pressure.
Managing stakeholder relationships during disputes.
Building collaborative problem-solving environments.
Strategic approaches for achieving fair resolutions.

The Resolution of Disputes and Claims