Alternative Dispute Resolution (ADR) Masterclass

• 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 organization 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 behavioral 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

CONTENT

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 - Pendulum arbitration; Med/Arb and Arb/Med
• Class exercise: Preparing for arbitration

Negotiating Solutions to Disputes

• Conflict management styles
• Distributive and integrative negotiation
• Building relationships to improve success
• 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
• Course summary and final exercises

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.