Advanced Alternative Dispute Resolution and Mediation

Course Information:

Venue:	Duration:	Date:	Price:
Online	30 hours	Flexi-date	£3,750.00
In-House	Agreed with client	Flexible	POA
London	10 days	15 April 2024	£7,250
London	10 days	12 August 2024	£7,250

If you are unable to attend this course on the dates above, please contact us to discuss alternative options.
Please note that prices shown above are exclusive of VAT (20%).

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

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 cooperative 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