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%).
If you would like to ask us some questions about this programme, you can fill in our Contact Us form or alternatively use our Chat function by clicking on the WhatsApp icon at the bottom of this page.
We look forward to hearing from you and will be pleased to help you!
Contact us
We look forward to hearing from you and will be pleased to help you!
Contact us
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
- 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 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