Avoiding, Handling and Resolving Disputes

LA1

Introduction

In the modern business environment, effective dispute resolution is of critical importance when trying to minimise the damaged relationships and costs of commercial disputes. This course will give participants an insight into dispute resolution, and the ways in which dispute resolution, mediation and settling disputes can be implemented in order to avoid court litigation, and to understand how to communicate with legal teams whatever the necessary course of action. Delegates will gain an insight into the various dispute resolution and mediation techniques as well as providing the skills to effectively communicate your position.

Who should attend

This practical and engaging course has been designed for professionals involved in contract management across all areas of the business requiring legal support, including procurement and contract managers. It will also be valuable for in-house counsel and legal advisors new to the organisation.

5 days

London | £3600

11-15 Mar 19 (London) 25-29 Nov 19 (London)

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COURSE PROFILE COMPETENCIES SKILLS / TOOLS BOOKING

Contracts: Dispute Resolution Strategy

Dispute Resolution Strategy - the cost-influence
Types of dispute resolution: mediation, arbitration and litigation
Issue resolution clause
Managing issues and disputes throughout the duration of a contract
Contract dispute resolution clauses:
- Choice of law – neutrality, certainty, cost of counsel
- Litigation – choice of courts (considering the availability of interlocutory relief and enforcement of judgments)
- Arbitration – International Chamber of Commerce, London Court of International Arbitration or other governing bodies; appointment of arbitrators

Negotiation in Legal Situations

Defining a Successful negotiations
Preparation and groundwork
Stages in Negotiation
Negotiations and knowing your end-point

Legal Support in Mediation - Providing Advice, Participation, Representation

Understanding what mediation is (and what it isn’t)
Pros & cons: the “soft” value of mediation (to air grievances, soothe feelings) vs cost and time taken
Choosing a mediation provider and a mediator
Preparation: key issues, supporting arguments, surrounding negotiation position
Ensuring Coherent Representation
Participation: aims, red lines, briefing, getting to “yes”

Settling Disputes

Cutting through complexity: which issues are important, which aren’t, and which can be traded
Understanding your opponents’ position
How much is enough? KPIs, audit and tax
Preparing for Settlement negotiations
Making a lasting and enforceable settlement

Building and Communicating Positions

Forming and testing positions in disputes
Marshalling resources around particular positions
Leveraging arbitral procedure to bolster positions
Internal communications during litigation
External communications – media (including confidential information and contempt of court)
External communications – regulators

At the end of the course participants will be able to: