Open Courses

Dispute resolution strategy and 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 negotiation
• 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 and 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”

Beyond legal advice: How to handle disputes successfully

• Valuing your claim in the real world: net present value, internal costs, tax
• Hiring the right lawyers, both in-house and external
• Preserving documents – both yours and your opponents’ – in the electronic age
• Identifying key witnesses and pinning down their testimony (affidavits, depositions)
• Getting the right experts, to bolster your case credibly
• Preparing for trial: evidence, argument and door-of-court 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