Advanced Alternative Dispute Resolution and Mediation

• Legal managers
• Company lawyers and in-house counsel
• Commercial contract managers
• Academic lawyers
• Lawyers and other professional advisers in private practice
• Anyone involved in the professional management of relationships

• To distinguish between different forms of ADR
• To evaluate strategies for resolving conflict
• To prepare their organisation to participate in dispute resolution processes
• To apply negotiation techniques to commercial and other disputes
• To consider the merits of using an intermediary to facilitate a win-win result
• To achieve good outcomes to resolve contract disputes
• To plan and implement a dispute resolution strategy
• To understand the strengths and weaknesses of mediation
• To appreciate the appropriateness of mediation as a means of resolving disputes
• To prepare their organisation to participate in the mediation process
• To demonstrate their ability to use mediation skills
• To manage conflict through a negotiated approach

Introduction to Dispute Resolution

2. Typical Causes of commercial disputes
3. Common legal remedies from court action
4. Do we want an enforceable court judgment?
5. Litigation strengths and weaknesses
6. Considering ADR contract mechanisms - tiered clauses
7. Jurisdiction and applicable law issues
8. Dispute case studies and exercises

Arbitration

1. Arbitration principles
2. When is arbitration appropriate?
3. Selecting and appointing the arbitrator and the forum
4. Strengths and weaknesses of arbitration
5. What happens if we lose?
6. Recognition and enforcement of arbitration awards
7. Arbitration variants
8. Pendulum (baseball) arbitration
9. Class exercise : Preparing for arbitration

Negotiating solutions to disputes

1. Conflict management styles
2. Distributive and integrative negotiation
3. Building relationships to improve success
4. BATNA - What's my Plan B?
5. Negotiation phases
6. Using "the third side" in negotiation
7. Class exercise : Negotiation preparation and role play

Mediation

1. Mediation fundamentals
2. Working with neutral intermediaries
3. Facilitative vs Evaluative mediation approaches
4. Appointing and Working with a mediator
5. Process and Stages of a mediation
6. Reaching a settlement agreement
7. Practical arrangements

Other Dispute Resolution Mechanisms

1. What are the other choices and when might we use them?
2. Conciliation
3. Settlement conference
4. Expert determination
5. Early Neutral evaluation
6. Dispute Review Boards
7. Med/Arb
8. Ombudsman

Mediation Agreements and other Formalities

1. Contractual commitments to mediate
2. ADR Contract Clauses
3. The Mediation Agreement
4. Important Clauses in the agreement
5. Establishing the rules of the mediation
6. "Without prejudice" status of discussions
7. Confidentiality
8. Terminating the agreement
9. Fees and expenses
10. Settlement Agreements
11. Staying future proceedings

Mediation Processes

1. Structuring a mediation process
2. Preparation phase
3. Opening joint sessions
4. Caucus meetings in private
5. The Conclusion phase
6. Alternative mediation processes
7. Formalising the settlement agreement
8. After the mediation
9. Class exercise: Mediating a dispute

Developing Mediation skills

1. Building trust and rapport
2. Active listening
3. Identifying common interests
4. Engaging reluctant participants
5. Facilitating co-operative problem-solving behaviours
6. Dealing with deadlock
7. Helping both sides get a win-win
8. Class exercise

Mediation Scenarios

1. Choosing the right mediator for the job
2. Duties of the mediator and professional advisers
3. Mediation scenarios
4. Commercial disputes
5. Domestic / Family disputes
6. Workplace disputes
7. Online mediation
8. Beyond mediation - next steps and alternatives