Alternative Dispute Resolution (ADR)
Course Information:
Venue: | Duration: | Date: | Price: |
---|---|---|---|
Online | 20 hours | Flexi-date | £2,750.00 |
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%).
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
- 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
Outcomes
- 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
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
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
- 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
- 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?
- Conciliation
- Settlement conference
- Expert determination
- Neutral evaluation
- Dispute Review Boards
- Med/Arb
- Ombudsman
- Course summary and final exercises