Alternative Dispute Resolution (ADR)
|In-House||Agreed with client||Flexible||POA|
|London||5 days||15 April 2024||£4,250|
|London||5 days||12 August 2024||£4,250|
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
- Finance managers
- Commercial managers
- Claims managers
- Supply Chain, Procurement and Purchasing Managers
- Contract Managers, Engineers and Analysts
- Anyone involved in the management of commercial relationships
- Evaluate alternative methods of resolving commercial disputes
- Distinguish between forms of ADR that give a binding decision and others that facilitate agreement between the parties
- Evaluate strategies for resolving conflict
- Prepare their organisation to participate in a dispute resolution process
- Plan a negotiation, including considering contingencies in the event of failure
- Apply negotiation techniques to typical commercial disputes
- Use appropriate behavioural styles in negotiation
- Consider the merits of using an intermediary to facilitate a win-win result
- Manage conflict through a negotiated approach
- Achieve mutually satisfactory outcomes in resolving contractual disputes
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
- 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
- Class exercise: Preparing for arbitration
o Pendulum arbitration
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 fundamentals
- Facilitated negotiation and neutral intermediaries
- Appointing and Working with a mediator
- Process and Stages of a mediation
- Reaching a settlement agreement
- Class exercise: Mediating a dispute
Other Dispute Resolution Mechanisms
- What are the other choices and when might we use them?
- Settlement conference
- Expert determination
- Neutral evaluation
- Dispute Review Boards
- Course summary and final exercises