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Advanced Alternative Dispute Resolution and Mediation

2021 Course Information:

Venue:Duration:Date:Price:
Online 20 hours Flexi-date£2,500.00
In-House Agreed with client FlexiblePOA
London 10 days 16-Aug£5,250.00
London 10 days 15-Nov£5,250.00

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    LCT 2021 Brochure Download
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    LCT 2021 Brochure Download
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    Who should attend?

    • Legal managers
    • Company lawyers and in-house counsel
    • Commercial contract managers
    • Academic lawyers
    • Lawyers and other professional advisers in private practice
    • Anyone involved in the professional management of relationships

    Accreditations

    Outcomes

    • Distinguish between different forms of ADR
    • Evaluate strategies for resolving conflict
    • Prepare their organisation to participate in dispute resolution processes
    • Use negotiation skills in commercial and other disputes
    • Evaluate the merits of using an intermediary to facilitate a win-win result
    • Plan and implement a dispute resolution strategy
    • Determine when mediation is the best means of resolving disputes
    • Prepare their organisation to participate in the mediation process
    • Use mediation skills

    COURSE TOPICS:

    Introduction to Dispute Resolution

    • Typical Causes of commercial disputes
    • Common legal remedies from court action
    • Do we want an enforceable court judgment?
    • Litigation strengths and weaknesses
    • Considering ADR contract mechanisms - tiered clauses
    • Jurisdiction and applicable law issues
    • Dispute case studies and exercises

    Mediation

    • Mediation fundamentals
    • Working with neutral intermediaries
    • Facilitative vs Evaluative mediation approaches
    • Appointing and Working with a mediator
    • Process and Stages of a mediation
    • Reaching a settlement agreement
    • Practical arrangements

    Arbitration

    • Arbitration principles
    • When is arbitration appropriate?
    • Selecting and appointing the arbitrator and the forum
    • Strengths and weaknesses of arbitration
    • What happens if we lose?
    • Recognition and enforcement of arbitration awards
    • Arbitration variants
    • Pendulum (baseball) arbitration
    • Class exercise : Preparing for arbitration

    Other Dispute Resolution Mechanisms

    • What are the other choices and when might we use them?
    • Conciliation
    • Settlement conference
    • Expert determination
    • Early Neutral evaluation
    • Dispute Review Boards
    • Med/Arb
    • Ombudsman

    Negotiating solutions to disputes

    • Conflict management styles
    • Distributive and integrative negotiation
    • Building relationships to improve success
    • BATNA - What's my Plan B?
    • Negotiation phases
    • Using "the third side" in negotiation
    • Class exercise : Negotiation preparation and role play

    Mediation Agreements and other Formalities

    • Contractual commitments to mediate
    • ADR Contract Clauses
    • The Mediation Agreement
    • Important Clauses in the agreement
    • Establishing the rules of the mediation
    • "Without prejudice" status of discussions
    • Confidentiality
    • Terminating the agreement
    • Fees and expenses
    • Settlement Agreements
    • Staying future proceedings

    Mediation Processes

    • Structuring a mediation process
    • o Preparation phase o Opening joint sessions o Caucus meetings in private o The Conclusion phase
    • Alternative mediation processes
    • Formalising the settlement agreement
    • After the mediation
    • Class exercise: Mediating a dispute

    Developing Mediation skills

    • Building trust and rapport
    • Active listening
    • Identifying common interests
    • Engaging reluctant participants
    • Facilitating co-operative problem-solving behaviours
    • Dealing with deadlock
    • Helping both sides get a win-win
    • Class exercise

    Mediation Scenarios

    • Choosing the right mediator for the job
    • Duties of the mediator and professional advisers
    • Mediation scenarios
    • Commercial disputes
    • Domestic / Family disputes
    • Online mediation
    • Beyond mediation - next steps and alternatives