Alternative Dispute Resolution (ADR)

Course schedule

Classroom Training:
DateVenueDurationPrice
12 - 16 Aug 2024London5 days£4,250
21 - 25 Oct 2024Abuja5 days£4,250

Please note: prices shown above are exclusive of VAT (20%).

Course Overview

Gain essential knowledge of ADR, learning about different dispute resolution mechanisms outside of court, including arbitration, negotiation, and mediation.

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

Course 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

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