Dispute Resolution Techniques And Effective Negotiation And Mediation For Project & Contract Manager

Course details

In this highly interactive course the focus will be on the project manager and project environment to understand the causes of disputes and how to manage them through the use of negotiation and mediation. We examine the building blocks that create disputes and those that assist in or detract from their resolution. Disputes are studied and models for addressing them are considered, and time is given to understand conflict modes. You will also build your negotiation and mediation skills through role plays and exercises.

Objectives:

The aim of this course is to examine and understand the causes of construction disputes and to strengthen the participant’s negotiation and mediation skills, and then move beyond skills to a strategic awareness of the choices negotiators and mediators make in facilitating dispute resolution. The elements of interest-based negotiation and mediation are examined in detail, with emphasis on maintaining relationships. This interest-based approach believes that every successful negotiation involves the creation and claiming of value.

Who should attend:

This course will be of benefit to Project Managers, Contract Managers, Civil Engineers, Construction Managers, Contractors, Sub-contractors, Site Engineers, Project Control Engineers, Senior Management, Architects, Lawyers, Legal Advisors, Loss Adjusters, Registered Arbitrators and Insurance Consultants, and Design Consultants.

Daily Outlines:

DAY 1:

• Distinguishing Between Conflicts and Disputes,
• Sources of Conflict
• Making Sense of our Conflict Experiences
• The Evolution of Conflict
• Its Growth
• Climax and the Long Journey to Resolution
• Becoming Involved
• Effective Listening and Speaking
• Models of Conflict Resolution
• Role Play

DAY 2:

• Personality Styles
• Responding to Emotions
• The Role of Culture and Emotions in Conflict
• Group Disputes
• Conflict Norms and Group Behaviour
• The Five Conflict-Handling Modes or Styles
• Competing (Directing)
• Collaborating (Cooperating)
• Compromising
• Accommodating (Harmonizing)
• Avoiding
• Role Play

DAY 3:

• Defining and Understanding Interests
• Dealing with Rights and Power
• Moving from Positions to Interests
• Key Elements of a Negotiation
• Distributive vs. Integrative (Interest-Based) Negotiation
• Structuring a Negotiation
• Key Communication Skills
• Four Essential Rules of Negotiation
• Working with BATNA’s (Best Alternative To a Negotiated Agreement)
• Dealing with Positional People and Dirty Tricks
• Role Play

DAY 4:

• Building Collaboration
• The Impact of Litigation on the Development of Disputes
• The Options for Resolving Disputes
• Knowledge
• Skills and Attitudes Needed by Mediators
• Structuring a Mediation
• Mediation Process Overview
• Role Play.

DAY 5:

• The Five Tasks in Mediation
• Building the Process
• Pre-Mediation Steps and Initial Process of the Mediation Meeting
• Sharing Perspectives
• Finding Out What Happened
• Developing Clarity
• Where are We
• and What It Means
• Developing Options
• What is Important
• Making Decisions
• What Do You Want To Do.
• Caucusing
• Anticipating and Resolving Impasses and Power Imbalances
• Mediator Ethics
• Role Play
• Conclusion.

Training Method:

• Live group instruction
• Use of real-world examples, case studies and exercises
• Interactive participation and discussion
• PowerPoint presentation, LCD and flip chart
• Self-test and group activities
• Each participant receives a binder containing a copy of the presentation slides and handouts

Program Support:

This program is supported by interactive discussions, role play, and case studies to highlight the techniques available to the participants.