Advanced Alternative Dispute Resolution and Mediation

Course Information:

Online 30 hours Flexi-date£3,750.00
In-House Agreed with client FlexiblePOA
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%).

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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


      • 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


    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 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 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

    Register now for:
    Advanced Alternative Dispute Resolution and Mediation


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