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Alternative Dispute Resolution (ADR)

2021 Course Information:

Venue:Duration:Date:Price:
Online 12 hours Flexi-date£1,750.00
In-House Agreed with client FlexiblePOA
London 5 days 16-Aug£3,050.00
London 5 days 15-Nov£3,050.00

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    LCT 2021 Brochure Download
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    LCT 2021 Brochure Download
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    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

    Accreditations

    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
    • o Pendulum arbitration
    • Class exercise: Preparing for 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