BSc in Quantity Surveying / Бакалавр в Області Інженера-Кошторисника

Course Details

Course Information Package

Course Unit TitleDISPUTE RESOLUTION
Course Unit CodeAQSL390
Course Unit Details
Number of ECTS credits allocated5
Learning Outcomes of the course unitBy the end of the course, the students should be able to:
  1. Describe the basic types of construction disputes and claims and their causes.
  2. Explain the effect of disputant personalities, emotions, cultural background and gender in dispute resolution approaches.
  3. Applying dispute resolution ethics in dispute situations and dispute law for the settlement of construction dispute resolutions.
  4. Resolve construction disputes under specific conditions and based on construction dispute law.
Mode of DeliveryFace-to-face
PrerequisitesNONECo-requisitesNONE
Recommended optional program componentsNONE
Course Contents

Introduction: Perspective on dispute resolution, History of the foundation of dispute resolution.
 
Disputes: Common types of Construction disputes, Construction claims, Causes of construction disputes and claims.
 
Understanding Disputants: Personality and dispute resolution, Decision perspective to dispute resolution, Positive emotions in negotiation, Relationship dynamics in disputes, Cultural pathways in negotiation and dispute management, Negotiation through a gender lens.
 
Understanding Disputes and Dispute Context: Disputes as opportunities to create value, Using negotiating agents to maximum advantage, Organizational influences on disputants, Dispute resolution ethics, Role of law in settlement.
 
Dispute Resolution Processes: Negotiation, Mediation, Arbitration, Litigation as a dispute resolution alternative, Intergraded conflict management systems, Selecting appropriate dispute resolution procedure.
 
Issues in Dispute Resolution: Dispute resolution and organizational leadership, Online dispute resolution, Public and private international dispute resolution, Evidence based practice in mediation, Education and Dispute resolution, Directions and challenges in dispute resolution.

Recommended and/or required reading:
Textbooks
  • Moffit Michael and Bordone Robert, 2005, “The Handbook of Dispute Resolution”, Harvard Law School, Jossey-Bass, Wiley Imprint.
  • Feniosky Peña-Mora, Carlos E. Sosa and Sean D. McCone, 2002, “Introduction to Construction Dispute Resolution”, Prentice Hall.
References
  • Edward Davies, Peter Fenn and Michael O'Shea, 1998, “Dispute Resolution and Conflict Management in Construction: An International Perspective”, Taylor and Francis.
Planned learning activities and teaching methodsThe course will be presented through theoretical lectures in class. The lectures will present to the student the course content and allow for questions. Most of the material will be presented using visual aids such as power point presentation. The aim is to familiarize the student with the different and faster pace of presentation and also allow the instructor to present related material (photographs, drawings etc) that would otherwise be very difficult to do. The learning process will be enhanced with the requirement from the student to solve exercises. These include self evaluation exercises which will be solved in class. These exercises will not be graded. A number of practical examples will be solved on the board by the instructor to familiarize the students with the process presented in class during the presentations. Exercises will also be given as homework (final project) which will be part of their assessment. Besides the notes taken by students in class, all of the course material will be available through the class website. Finally the instructor will be available to students during office hours or by appointment in order to provide any necessary tutoring.
Assessment methods and criteria
Assignments40%
Final Exam60%
Language of instructionEnglish
Work placement(s)NO

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