SDCM71-323: Expert Witness and Dispute Resolution

Description

Project participants need to understand the legal context within which they make decisions and perform actions, as frequently disputes can arise that require resolution and/or expert opinion. Project quality and environmental management provide a convenient instance where disputes and the need for expert testimony can arise, and are examined here in the context of project closure, including lessons learnt, standards, continuous improvement and client satisfaction. A general appreciation of international legal principles informed by case law forms an important backdrop to the subject. Practitioners must understand the limitations of their involvement in legal proceedings and be familiar with the conduct of procedures that commonly occur, including alternative dispute resolution such as arbitration and mediation. A moot court environment is used to demonstrate the experience of appearing in a formal hearing, and students are asked to also prepare or critique an expert report related to an example of ‘defective’ work or service that is the subject of a contractual dispute.

Subject details

Learning outcomes

1. Show competency in project quality and environmental management.
2. Explore continuous process improvement strategies for avoiding disputes.
3. Specify quality and/or environmental standards in a contractual setting.
4. Prepare or critique an expert report based on a dispute over standards.
5. Demonstrate an understanding of legal recourse to conflict on projects.

Enrolment requirements

Subject outlines

• May 2021 [Standard - .]
• September 2020 [Standard - .]
• May 2020 [Standard]
• September 2019 [Intensive - Weeks 3 & 8]
• September 2019 [Intensive - Weeks 5 & 10]
• September 2019 [Intensive - Weeks 4 & 9]
• May 2019 [Intensive - Weeks 5 & 10]
• May 2019 [Intensive - Weeks 4 & 9]
• January 2019 [Intensive]
• September 2018 [Intensive - Weeks 5 & 10]
• September 2018 [Intensive - Weeks 4 & 9]
• May 2018 [Intensive]
• May 2018 [Intensive]
• September 2017 [Intensive - Stream 2: Weeks 5 & 10]
• September 2017 [Intensive - Stream 1: Weeks 4 & 9]
• May 2017 [Intensive - Weeks 5 & 10]

Subject dates