Advanced Alternative Dispute Resolution and Mediation
Course Information:
Venue: | Duration: | Date: | Price: |
---|---|---|---|
Online | 20 hours | Flexi-date | £2,500.00 |
In-House | Agreed with client | Flexible | POA |
London | 10 days | 18-Apr | £5,900.00 |
London | 10 days | 15-Aug | £5,900.00 |
London | 17-Oct | £5,900.00 | |
London | 10 days | 16-Dec | £5,900.00 |
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
- Alternative mediation processes
- Formalising the settlement agreement
- After the mediation
- Class exercise: Mediating a dispute
o Preparation phase
o Opening joint sessions
o Caucus meetings in private
o The Conclusion phase
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