Litigation, Arbitration and Mediation Contributing to Conflict Settlement
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Chapter 6 discusses the various existing procedures to solve conflicts in a major project. Whilst it is not the scope of this book to analyze the legal aspects of conflict resolution, this is left to the lawyers, it is the aim to look at conflicts from a Senior Management’s and Project Manager’s point of view and to give him assistance in solving the conflicts with his means or to prepare an eventually unavoidable litigation in the best way for his company. Chapter 5 has stressed the various aspects of successful negotiations for conflict settlement and this Chap. 6 will elaborate on how to prepare and to pursue successfully legal proceedings, be it in front of a state court, in front of an arbitration tribunal or in mediation.
The authors consider the role of a “Monitor of Litigation” as crucial for successful management of a litigation case. Many parties make the mistake to use the Project Manager as the key person to run the litigation, since he is considered to be the one, who knows the project best. Whilst this is true, he has a major disadvantage, he is biased and his views might be obscured by personal interests, mistakes he might have made, burdened by difficult relations to persons from the other party, etc. We shall therefore elaborate on the reasons to use a Monitor of Litigation and on his tasks in the course of litigation.
We shall then discuss aspects of a strategy, if legal proceedings seem to be unavoidable. This strategy will be decisive for which form of conflict resolution will be preferred, a soft resolution method (Sect. 6.3) or a litigation at a state court or an arbitration at one of the arbitrations institutions (Sect. 6.4).The resolution will, of course, not only depend on one’s own decisions but also on the decisions of the party one is in conflict with. Section 6.5 develops two case studies and some questions to students.
KeywordsProject Manager Early Warning System Resolution Method Alternative Dispute Resolution State Court
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