Business dealings don’t always work out as planned. From time to time suppliers fall out with their customers, contractors fail to deliver what they have promised, and partners disagree on strategy: disputes break out and the litigation lawyers sharpen their quills. Fortunately not all commercial disputes end up in the law courts. Contracting parties have learned to plan ahead in the event that differences may occur. Clauses are written into contracts to provide and even require alternative means of resolving disagreements. This five day programme will look at some of the most popular methods of alternative dispute resolution. We will look at the underlying principles of facilitated negotiation which are adopted by an independent third-party, such as a mediator. We will examine the role of private courts using independent arbitrators to determine who is at fault and who should be compensated. We will consider how arbitration awards can be enforced through the national courts in foreign jurisdictions and why arbitration is so popular as a means of settling a dispute. Delegates will have the chance to practice tools and techniques to assist them when preparing for and managing commercial disputes.Who should attend?
- Legal managers
- Finance managers
- Commercial managers
- Claims managers
- Supply Chain, Procurement and Purchasing Managers
- Contract Managers, Engineers and Analysts
- Anyone involved in the management of commercial relationshipS
- To describe alternative methods of resolving commercial disputes
- To distinguish between forms of ADR that give a binding decision and others that facilitate agreement between the parties
- To evaluate strategies for resolving conflict
- To prepare their organisation to participate in a dispute resolution process
- To plan a negotiation, including considering contingencies in the event of failure
- To apply negotiation techniques to typical commercial disputes
- To appreciate the appropriateness of different behavioural styles of negotiation
- To consider the merits of using an intermediary to facilitate a win-win result
- To manage conflict through a negotiated approach
- To achieve good outcomes to resolve contract disputes
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 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
- BATNA – What’s my Plan B?
- Negotiation phases
- Using “the third side” in negotiation
- Class exercise: Negotiation preparation and role play
- 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?
- Settlement conference
- Expert determination
- Neutral evaluation
- Dispute Review Boards
- Course summary and final exercises
AJT specializes in short Corporate and International Development courses between two days and two weeks in length. At AJT, our primary objective is to help develop the skills of our delegates to enable them to tackle existing challenges and grow within their organizations. Our training courses cover virtually all aspects of development, including Research & Data Management, Monitoring & Evaluation, Project Management, Geospatial Information Systems (GIS), Humanitarian Development, Agriculture & Food Security;Climate Change, Health and Social Care,Law & Governance,Energy & Oil, ICT for Development Technology,Team Building and Advanced Management. We also specialize in training statistical research analysis using STATA, SPSS, R, CSPro, ODK, NVIVO and ArcGIS software’s.Our courses have been designed to provide the very best training for all levels – from basic introduction, to intermediary and advanced level. Our courses are delivered in Kenya, South Africa, Nigeria ,Ethiopia and selected locations.We Help professionals in all fields to develop in the right areas
With clients coming from the Humanitarian and Non Governmental Organizations (NGOs), as well as from the Public and Private sectors, amongst others, it’s fair to say that we have all the bases covered and indeed, if it’s true enlightenment that professionals are interested in, we’re of the firm opinion that the tailored packages that we are able to offer are pretty much unrivalled. In the genre of development training, we strive to be at the leading edge of things and indeed, when it comes to development and humanitarian courses; we believe that we are able to facilitate the needs of one and all. ...