This seminar familiarizes participants with alternative methods of dispute resolution (ADR). The first part of the seminar introduces participants to the goals and techniques of mediation; the second half focuses on the legal issues involved in international commercial arbitration. The emphasis throughout is on the development of practical skills through lectures and hands-on exercises.

CONTENT

Pros and Cons of International ADR

• Conciliation, arbitration and mediation versus litigation in domestic courts
• Arbitration between private parties and governments

The Negotiation Process

• Approaches to negotiation: creating value vs. claiming value; structuring a deal vs. resolving a dispute
• Assessing the interests of the parties
• Opening offers
• Strategic concessions
• Why negotiations fail
• Breaking deadlock
• Negotiating a dispute resolution clause

How Mediation Works: Tools and Principles

• Why mediation
• Roles and attributes of a mediator
• Changing patterns of communication
• Intervention principles
• Listening and questioning skills
• Stages in mediation
• Problem identification
• Agreement writing

The Role of Advocate and Litigant

• Preparing for mediation
• Devising a settlement strategy
• Advocating for your client
• Guiding and managing your client during mediation

Legal Issues in International Arbitration

• National Arbitration Laws
• Validity and scope arbitration agreements
• Role of the courts: judicial review and enforcement of awards; judicial assistance in the arbitration process
• Investment disputes
• Sovereign immunity

The Arbitral Process

• Designing the process: drafting the arbitration clause
• Choosing arbitration rules
• Conduct of proceedings: initiating arbitration, constituting the tribunal, establishing terms of reference, production of documentary evidence, interim relief, submitting testimony, hearings, and awards
• Arbitrator ethics and challenges to arbitrators
• Simulated international arbitration exercise

FOR WHOM:

Legal Officers and others who perform related functions

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.