Arbitration & Dispute Resolution
November 18, 2023 2023-11-29 23:40Arbitration & Dispute Resolution
Who is it for?
Ideal for:
- Lawyers
- Paralegals
- Legal Assistants
- Business Executives
- Contract Managers
- HR Managers
- Individuals interested in pursuing a career in alternative dispute resolution (ADR)
Course Outline
- Introduction to Arbitration and Dispute Resolution:
- Definition and Types of Disputes
- Overview of Arbitration: Advantages and Disadvantages
- Comparison with Litigation: Pros and Cons
- Arbitration Procedures:
- Selection of Arbitrators
- Arbitration Rules and Guidelines
- Pre-hearing Conferences and Case Management
- Negotiation Techniques:
- Principled Negotiation Strategies
- BATNA (Best Alternative to a Negotiated Agreement) Analysis
- Multi-Party and Cross-Cultural Negotiation
- Arbitration Advocacy:
- Case Preparation: Gathering Evidence, Witnesses, and Documents
- Presentation Skills: Opening Statements, Direct and Cross-Examination
- Closing Arguments and Making Submissions
- Legal and Ethical Considerations:
- Arbitrator Neutrality and Impartiality
- Confidentiality and Privacy in Arbitration
- Enforceability of Arbitral Awards: International Perspectives
- Mediation and Conciliation:
- Mediation Process: Roles and Responsibilities
- Conciliation Techniques: Facilitating Agreement
- Mediation Advocacy: Representing Clients in Mediation
- Industry-Specific Arbitration:
- Construction Arbitration
- Commercial Arbitration
- Labor and Employment Arbitration
- International Arbitration:
- International Commercial Arbitration: Key Differences
- Recognition and Enforcement of Foreign Arbitral Awards
- Institutional vs. Ad Hoc Arbitration: Pros and Cons
- Ethical Dilemmas and Professional Responsibility:
- Conflicts of Interest in Arbitration
- Ethical Decision-Making in Dispute Resolution
- Professional Codes of Conduct and Standards
- Interactive Workshops and Role-Play Exercises:
- Simulated Arbitration Hearings
- Negotiation and Mediation Role-Play Scenarios
- Case Studies: Analysing Real Arbitration Cases
What will I get out of it?
- Gain a comprehensive understanding of arbitration processes, rules, and procedures, enabling them to navigate the arbitration system effectively.
- Learn about negotiation techniques and strategies, allowing participants to engage in successful negotiation processes, often a precursor to formal arbitration.
- Learn how to represent parties effectively in arbitration proceedings, including case preparation, presentation, and cross-examination skills.
- Learn about legal and ethical aspects of arbitration, ensuring participants understand the legal framework and ethical responsibilities associated with the process.
- Will be introduced to various ADR methods, including mediation and conciliation, providing a broader perspective on dispute resolution techniques.
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