Advanced Alternative Dispute Resolution and Mediation

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

oPendulum (baseball) arbitration

·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

·Mediation fundamentals

·Working with neutral intermediaries

·Facilitative vs Evaluative mediation approaches

·Appointing and Working with a mediator

·Process and Stages of a mediation

·Reaching a settlement agreement

·Practical arrangements

Other Dispute Resolution Mechanisms

·What are the other choices and when might we use them?

·Conciliation

·Settlement conference

·Expert determination

·Early Neutral evaluation

·Dispute Review Boards

·Med/Arb

·Ombudsman

Mediation Agreements and other

Formalities

·Contractual commitments to mediate

·ADR Contract Clauses

·The Mediation Agreement

·Important Clauses in the agreement

·Establishing the rules of the mediation

·"Without prejudice" status of discussions

·Confidentiality

·Terminating the agreement

·Fees and expenses

·Settlement Agreements

·Staying future proceedings