Open Courses

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