A-Z Dispute Resolution Techniques

Course Description

A dispute arises between you and the contractor. What do you do? a) negotiate with them? b) suggest mediation? c) go to arbitration? d) go to court? e) do nothing and claim LD’s? All these are possible outcomes from a dispute. This course has been specially written for those who are at the sharp end of operations and face defective performance and breach of contract from contracting parties on a daily basis. The course will provide a better understanding of how disputes can be negotiated or at least kept out of the public eye.

Your trainer is qualified in all these types of dispute resolution and has vast practical experience of utilizing them to resolve disputes for clients. The course draws heavily on “real-life” examples taken from actual disputes and delegates are expected to work in teams to experiment with and learn about these types of dispute resolution.

Who will benefit

• Anybody seeking a clearer understanding of the many ways that a dispute can be resolved
• Anybody wishing to pick up practical types firstly to avoid disputes which failing to manage them and use the best techniques to resolve them.
• Anybody looking to understand the legal theory and methodology that underlie these techniques.

Why you should attend

Contracts are the underpinning of all business relationships and are at the centre of your organization’s day to day operation. But they go wrong. Why? And how do you fix it?

• Basic awareness of dispute resolution operation is now regarded as a core competency
• Contracts become easier when the jargon is understood
• You will feel confident when discussing legal contractual problems with colleagues
• You will feel confident in putting your ideas across in a language that your legal department will understand and you will have the knowledge base to suggest possible solutions

Key topics

• Understanding Obligations
• What is defective performance and what constitutes breach of contract?
• Self Help?
• Use of the Liquidated Damages clause
• Use of Suspension and termination
• The Concept of Rescission
• Usual dispute resolution Clauses in a Contract
• Arbitration Clauses
• What is arbitration?
• Mediation Clauses
• What is mediation?
• Exclusive jurisdiction clauses
• Going to Court – pro’s and con’s
• What is negotiation
• Negotiation skills for non-lawyers to resolve a dispute
• Making a plan to resolve disputes in the contract formation stage and when things break down
• How to manage your legal team
• Contributing to the strategy
• Workshops trying out the techniques

Course details

• Blended learning using internet searches, videos, workshops, group sessions, and “edutainment”!
• Accelerated learning techniques to improve understanding and long-term retention
• Dispute Resolution considered from a non-legal perspective, not a lawyer’s.
• In depth analysis of concepts underlying these dispute resolution techniques

Course Duration: 2 Days