Masterclass in Alternative Dispute Resolution (ADR): Advanced Mediation and Arbitration for Legal Professionals

Module 1: Foundations and Philosophy of Alternative Dispute Resolution

ü  The evolution of ADR and its role in modern jurisprudence

ü  Comparison between Litigation, Arbitration, Mediation, and Negotiation

ü  Statutory frameworks and Court-Annexed Mediation (CAM)

ü  Benefits and limitations of private vs. court-led ADR

ü  Overview of the New York Convention and international treaties

ü  Practical Session: Comparative analysis exercise to determine the best resolution path for three complex case scenarios

 

Module 2: The Psychology of Conflict and Communication Skills

ü  Understanding the Conflict Cycle and Escalation Models

ü  Active listening and the art of "Reframing" adversarial language

ü  Identifying cognitive biases and emotional triggers in legal disputes

ü  Non-verbal communication and the impact of the physical environment

ü  Cultural intelligence in cross-border dispute resolution

ü  Practical Session: Role-play exercise focusing on reframing aggressive client positions into interest-based statements

 

Module 3: Principled Negotiation: Moving Beyond Positions

ü  The Harvard Negotiation Project: Interests vs. Positions

ü  Calculating BATNA (Best Alternative to a Negotiated Agreement) and WATNA

ü  Creating value through the "Integrative Bargaining" model

ü  Managing power imbalances and "Hardball" negotiation tactics

ü  Deadlock-breaking techniques for stubborn parties

ü  Practical Session: A high-stakes bilateral negotiation simulation involving a commercial contract breach

 

Module 4: The Mediation Process: From Intake to Settlement

ü  The five stages of mediation: Opening, Exploration, Caucus, Negotiation, and Closing

ü  The role of the mediator: Facilitative vs. Evaluative vs. Transformative models

ü  Confidentiality and the legal "Without Prejudice" privilege

ü  Managing the "Caucus" (Private Meeting) effectively

ü  Overcoming impasse and closing the gap

ü  Practical Session: A full-scale mock mediation session with participant-led facilitation and peer review

 

Module 5: Domestic and International Arbitration Frameworks

ü  The Arbitration Agreement: Validity and Separability

ü  Appointment of the Tribunal and challenges to Arbitrators

ü  Procedures and Evidence: The IBA Rules on the Taking of Evidence

ü  The Seat of Arbitration vs. The Venue

ü  Recognition and Enforcement of Arbitral Awards

ü  Practical Session: Drafting an "Order for Directions" for a preliminary arbitration hearing

 

Module 6: Drafting Enforceable ADR Clauses and Settlement Agreements

ü  Essential elements of a multi-tiered dispute resolution clause

ü  Avoiding "Pathological" clauses that lead back to court

ü  Requirements for a valid Settlement Agreement (Consent, Capacity, Legality)

ü  Converting a settlement into a Court Order or Consent Judgment

ü  Tax and confidentiality implications in ADR settlements

ü  Practical Session: Workshop on drafting a binding settlement agreement for a family estate dispute

 

Module 7: Ethical Standards and Professional Conduct in ADR

ü  Neutrality, Impartiality, and Independence of the ADR practitioner

ü  Disclosing conflicts of interest and the duty of recusal

ü  Fees, advertising, and professional integrity

ü  Handling pro-se (unrepresented) parties in ADR settings

ü  Liability of ADR practitioners and professional indemnity

ü  Practical Session: Discussion on real-world ethical dilemmas using the Model Standards of Conduct for Mediators

 

Module 8: Hybrid ADR Processes (Med-Arb) and Multi-Door Courthouse Concepts

ü  The Med-Arb process: Benefits and procedural risks

ü  Arb-Med and Summary Jury Trials

ü  Collaborative Law and Early Neutral Evaluation (ENE)

ü  Designing an ADR system for institutional or governmental use

ü  The "Multi-Door Courthouse" model in African jurisdictions

ü  Practical Session: Case study analysis on the risks of the same individual serving as both Mediator and Arbitrator

 

Module 9: Commercial and Labor Dispute Resolution Strategies

ü  Managing industrial action and collective bargaining disputes

ü  Intellectual Property (IP) disputes and ADR

ü  Investor-State Dispute Settlement (ISDS) trends

ü  ADR in construction: Adjudication and Dispute Boards

ü  Community-based and restorative justice mechanisms

ü  Practical Session: Simulated Labor Union vs. Management mediation focusing on wage increments

 

Module 10: The Future of ADR: Online Dispute Resolution (ODR) and Technology

ü  Digital platforms for mediation and asynchronous negotiation

ü  The impact of AI and Blockchain on automated arbitration

ü  Cybersecurity and data protection in confidential ADR proceedings

ü  Ethics of "Robot Arbitrators" and algorithmic bias

ü  Establishing a virtual ADR practice

ü  Practical Session: Demonstration and walkthrough of a leading ODR platform for small claims

About Our Trainers

 

Our trainers are seasoned legal practitioners, Chartered Arbitrators, and Accredited Mediators with over 20 years of experience in both domestic and international jurisdictions. They have served as lead neutrals in high-value commercial disputes and have pioneered Court-Annexed Mediation programs. Their wealth of experience ensures that the training is not merely academic but deeply rooted in current legal practice.

 

Quality Statement

 

Phoenix Training Center is committed to the highest standards of professional education. Our ADR curriculum is rigorously reviewed to align with international best practices and NITA standards. We maintain small class sizes to ensure personalized attention and use the most current pedagogical tools to facilitate deep learning.

 

Tailor-Made Courses

We understand that every organization has unique challenges and opportunities as well as unique training needs. Phoenix Training Center offers tailor-made courses designed to address specific requirements and challenges faced by your team or organization. Whether you need a customized curriculum, a specific duration, or on-site delivery, we can adapt our expertise to provide a training solution that perfectly aligns with your objectives. We can customize this Course to focus on your industry, specific risk profile, or internal stakeholder dynamics. Contact us to discuss how we can create a bespoke training program that maximizes value and impact for your team. For further inquiries, please contact us on Tel: +254720272325 / +254737296202 or Email training@phoenixtrainingcenter.com

Admission Criteria

ü  Participants should be reasonably proficient in English. 

ü  Applicants must live up to Phoenix Center for Policy, Research and Training admission criteria.

Terms and Conditions

ü  Discounts: Organizations sponsoring Four Participants will have the 5th attend Free

ü  What is catered for by the Course Fees: Fees cater for all requirements for the training – Learning materials, Lunches, Teas, Snacks and Certification. All participants will additionally cater for their travel and accommodation expenses, visa application, insurance, and other personal expenses.

ü  Certificate Awarded: Participants are awarded Certificates of Participation at the end of the training.

ü  The program content shown here is for guidance purposes only. Our continuous course improvement process may lead to changes in topics and course structure.

ü  Approval of Course: Our Programs are NITA Approved. Participating organizations can therefore claim reimbursement on fees paid in accordance with NITA Rules.

Booking for Training

Simply send an email to the Training Officer on training@phoenixtrainingcenter.com and we will send you a registration form. We advise you to book early to avoid missing a seat to this training. Or call us on +254720272325 / +254737296202

Payment Options

We provide 3 payment options, choose one for your convenience, and kindly make payments at least 5 days before the Training start date to reserve your seat:

ü  Groups of 5 People and Above – Cheque Payments to: Phoenix Center for Policy, Research and Training Limited should be paid in advance, 5 days to the training.

ü  Invoice: We can send a bill directly to you or your company.

ü  Deposit directly into Bank Account (Account details provided upon request)

Cancellation Policy

ü  Payment for all courses includes a registration fee, which is non-refundable, and equals 15% of the total sum of the course fee.

ü  Participants may cancel attendance 14 days or more prior to the training commencement date.

ü  No refunds will be made 14 days or less before the training commencement date. However, participants who are unable to attend may opt to attend a similar training course at a later date or send a substitute participant provided the participation criteria have been met.

Accommodation and Airport Transfer

For physical training attendees, we can assist with recommendations for accommodation near the training venue. Airport pick-up services can also be arranged upon request to ensure a smooth arrival. Please inform us of your travel details in advance if you require these services. For reservations contact the Training Officer on Email: training@phoenixtrainingcenter.com or on Tel: +254720272325 / +254737296202