Training Course in Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration

Course Description

Resolving conflicts and issues in corporate and legal environments are key topics of discussion in many organizations today. No matter which industry you belong to, being competent in dispute resolution has become vital. This Training Course in Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration prepares participants to analyze the root causes and undercurrents of conflict and ways to transform disputes through rational and practical meditation techniques.

This requires creative use of academic understanding, communication and problem-solving competencies, and the persistence to work through the issues that can obscure negotiations. Ethical issues and the role of the participants in each process will also be analyzed. The Training Course in Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration also focuses on creating self-awareness and social competency, forming common ground, launching lines of communication, guaranteeing submission and appreciation, developing long-lasting relationships, and the capacity to identify viable opportunities for resolution.

Successful dispute resolution helps reduce the costs and undesirable effects on relationships that often arise from business-related disagreements. If informal negotiation fails to settle a dispute, mediation or arbitration can be the next best alternative to avoid litigation in court. This Training Course in Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration will empower participants with a thorough grounding in the law and procedures relevant to the core ADR processes of arbitration, mediation, initial neutral evaluation, expert determination, and settlement, as well as newly evolving hybrid dispute resolution processes. Partakers will gain an in-depth understanding of the key disparities between the numerous dispute resolution techniques with a focus on arbitration, to reduce the likelihood of disputes leading to court cases.

Course Objectives

Upon the successful completion of this Training Course in Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration, participants will be able to:

• Provide a general understanding of the various Alternative Dispute Resolution (ADR) methods.
• Apply knowledge in studying and evaluating legal, ethical, and theoretical complex problems to provide soundly reasoned legal and practical solutions.
• Understand the background to Alternative Dispute Resolution (ADR).
• Define the processes and procedures of various forms of alternative dispute resolution and how they can be applied within your frame of work.
• Analytically assess ethical considerations that arise in ADR generally and specifically in each of the ADR processes.
• Explain and evaluate the legal and practical requirements for concluding, recording and enforcing an effective settlement agreement.
• Demonstrate effective communication skills and a practical problem-solving approach in complex legal and factual scenarios in ADR.

Training Methodology

The course is designed to be highly interactive, challenging and stimulating. It will be an instructor led training and will be delivered using a blended learning approach comprising of presentations, discussions, guided sessions of practical exercise, individual assignments, case study review, webinars, web-based tutorials, group work, group assignments and exploration of relevant issues. Our facilitators are seasoned industry professionals with years of expertise in their chosen fields. All facilitation and course materials will be offered in English.

Who Should Attend?

This Training Course in Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration would be suitable for, but not limited to private practice lawyers working in International law, International litigation, Civil and criminal litigation, Construction law, Arbitration, Dispute resolution and other professionals like Negotiators, Project Managers, Risk Managers, Planning Managers, Surveyors, Procurement Officers, Conflict Managers and Engineers.

Course Outline

MODULE 1: OVERVIEW OF TOPICS

• Time management in asynchronous online conversations
• Adapting discourse for the online environment
• Promoting your ADR skills – how to market yourself, key skills required, what do companies want?
• ADR in the court system
• Demonstrations of available ADR services
• The pros and cons of offering ADR online
• Developing trust online and how to overcome issues in this area.
• Appropriate procedures and techniques for communication
• Marketing opportunities specific to your practice
• ADR related legislation and other policies that need to be adhered to
• Avoiding pitfalls when communicating online
• Making online mediation cost-effective and profitable
• Manipulating the prospects for online mediation within lawyer free courts and tribunals

MODULE 2: FUNDAMENTALS OF DISPUTE RESOLUTION

• Overview of the dispute resolution process
• Methods of dispute resolution including:
  • Litigation
  • Arbitration
  • Collaborative law
  • Mediation
  • Conciliation
  • Negotiation
  • Facilitation
• Introduction to international High Court litigation processes
• Court documents
• Case management
• Disclosure
• During the trial – what to do and what not to do.
• Path of a claim
• Pre-action matters
• Judgement

MODULE 3: DISPUTE RESOLUTION IN THE GCC

• Importance of Alternative Dispute Resolution
• The Alternative Dispute Resolution (ADR) system
  • Early neutral evaluation
  • Negotiation
  • Conciliation
  • Mediation
  • Arbitration

MODULE 4: LAW SYSTEMS

• Codification
• Civil law system
• Subgroups

MODULE 5: COMMON LAW SYSTEM

• Statutes
• Court decisions

MODULE 6: INTERNATIONAL ARBITRATION

• Introduction to mediation: The process and its principles
• Introduction to international arbitration
• Institutional versus ‘ad hoc’ arbitration

MODULE 7: ARBITRATION IN THE GCC

• Advantages and disadvantages of:
  • Arbitration
  • Litigation
  • Mediation
• The arbitration award and its enforcement
• Drafting international arbitration clauses
• Recent international arbitration case law

Requirements: Participants should be reasonably proficient in English. Applicants must live up to Phoenix Center for Policy, Research and Training admission criteria.

NOTE

1. Discounts: Organizations sponsoring Four Participants will have the 5th attend Free
2. 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.
3. Certificate Awarded: Participants are awarded Certificates of Participation at the end of the training.
4. The program content shown here is for guidance purposes only. Our continuous course improvement process may lead to changes in topics and course structure.
5. Approval of Course: Our Programs are NITA Participating organizations can therefore claim reimbursement on fees paid in accordance with NITARules.

How to Book: 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 / +254737566961

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:

1. 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.
2. Invoice: We can send a bill directly to you or your company.
3. Deposit directly into Bank Account (Account details provided upon request)

Cancellation Policy

1. Payment for all courses includes a registration fee, which is non-refundable, and equals 15% of the total sum of the course fee.
2. Participants may cancel attendance 14 days or more prior to the training commencement date.
3. 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.

Tailor Made Courses

This training course can also be customized for your institution upon request for a minimum of 5 participants. You can have it conducted at our Training Centre or at a convenient location.

For further inquiries, please contact us on Tel: +254720272325 / +254737566961 or Email training@phoenixtrainingcenter.com

Accommodation: Accommodation is arranged upon request and at extra cost. For reservations contact the Training Officer on Email: training@phoenixtrainingcenter.com or on Tel: +254720272325 / +254737566961