Alternative Dispute Resolution (ADR) Masterclass
Details
- Evaluate alternative methods of resolving commercial disputes
- Distinguish between forms of ADR that give a binding decision and others that facilitate agreement between the parties
- Evaluate strategies for resolving conflict
- Prepare their organization to participate in a dispute resolution process
- Plan a negotiation, including considering contingencies in the event of failure
- Apply negotiation techniques to typical commercial disputes
- Use appropriate behavioral styles in negotiation
- Consider the merits of using an intermediary to facilitate a win-win result
- Manage conflict through a negotiated approach
- Achieve mutually satisfactory outcomes in resolving contractual disputes
Outline
Introduction to Dispute Resolution
- Typical Causes of commercial disputes
- Common legal remedies from court action
- Do we want an enforceable court judgment?
- Litigation strengths and weaknesses
- Considering ADR contract mechanisms – tiered clauses
- Jurisdiction and applicable law issues
- Dispute case studies and exercises
Arbitration
- Arbitration principles
- When is arbitration appropriate?
- Selecting and appointing the arbitrator and the forum
- Strengths and weaknesses of arbitration
- What happens if we lose?
- Recognition and enforcement of arbitration awards
- Arbitration variants - Pendulum arbitration; Med/Arb and Arb/Med
- Class exercise: Preparing for arbitration
Negotiating Solutions to Disputes
- Conflict management styles
- Distributive and integrative negotiation
- Building relationships to improve success
- What’s my Plan B?
- Negotiation phases
- Using “the third side” in negotiation
- Class exercise: Negotiation preparation and role play
Mediation
- Mediation fundamentals
- Facilitated negotiation and neutral intermediaries
- Appointing and Working with a mediator
- Process and Stages of a mediation
- Reaching a settlement agreement
- Class exercise: Mediating a dispute
Other Dispute Resolution Mechanisms
- What are the other choices and when might we use them?
- Conciliation
- Settlement conference
- Expert determination
- Neutral evaluation
- Dispute Review Boards
- Course summary and final exercises
TRAINING METHODOLOGY
The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.
Speaker/s
Special Offer
Schedules
| Tue, Wed, Thu, Fri | 10:00 AM — 04:00 PM |
| No. of Days: | 4 |
Alpha Partners is a reputable firm of Training and Management Consultants with many years of corporate training experience in Finance, Accounting, Auditing, Banking, Management, Information Technology, Oil and Gas Sector, Security, Engineering, Public Relations, Secretarial Studies, Leadership, Marketing and other fields of human endeavour.
We are one of the leading players in the profession. Our firm, a multi-disciplinary one with highly talented, experienced and dedicated partners and staff who have experiences in different facets of working life was established in 1996 and has branches in Lagos, Enugu and Awka.
We offer a wide range of professional services, which covers audits, accounting, finance, taxation, ICT, security, engineering, insurance, human resources management, secretarial and consultancy services in all ramifications.
Our numerous clients attest to the high quality services we offer which contribute in no small measure in ensuring sound and efficient management of their resources.
Related Courses
