Dispute Resolution, Conflict Management and Mediation
Duration: 5 days
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 delegates an insight into dispute resolution, as well as the ways in which dispute resolution, mediation and settling disputes can be implemented in order to avoid court litigation. Delegates will also develop an understanding of how to communicate with legal teams whatever the necessary course of action
This practical and engaging course is 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.
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
At the end of this course, delegates 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