Open Courses

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.

COURSE PROFILE

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
SKILLS

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

  • Successfully prepare a dispute resolution strategy
  • Provide advice and support in mediation
  • Use the dispute resolution and mediation techniques to ‘get to yes’
  • Negotiate effectively in legal situations
  • Find effective approaches to settle disputes
  • Effectively build and communicate your position
COMPETENCIES
  • Arbitration
  • Contract Disputes and ADR
  • Contract Management/Administration
  • Contract Law
  • Contract Negotiation
  • Dispute Resolution
  • Internal Communication
  • Legal Affairs
  • Media Literacy
  • Mediation
  • Negotiation Skills
BOOKING

VAT: Courses held in London are subject to VAT at the current rate