Course Overview

Resolving conflicts and issues in corporate and legal environments are a key topic of discussion in many organisations today. No matter which industry you belong to, being competent in dispute resolution has become vital.

This Alternative Dispute Resolution training program prepares students to analyse 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 analysed.

The Alternative Dispute Resolution training program 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.

What topics are covered within the curriculum?

• Construction Adjudication
• Early Neutral Evaluation
• Expert Determination
• Mediation
• Negotiation
• Private Judging
• Arbitration
• Conciliation

This Zoe’s Alternative Dispute Resolution training course will empower you 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, in order to reduce the likelihood of disputes leading to court cases.

Course Objectives

Upon completing this Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration Certificate Course successfully, participants will be able to:

• Provide a general understanding of the various methods of dispute resolution which are alternatives to court proceedings, known as Alternative Dispute Resolution (ADR)
• Apply knowledge in studying and evaluating legal, ethical and theoretical complex problems to provide soundly reasoned legal and practical solutions
• Understand the background to ADR and where the concept emerged from
• 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
• Reflect on learning, identifying areas for improvement and responding appropriately
• Demonstrate effective communication skills and a practical problem-solving approach in complex legal and factual scenarios in ADR

Training Methodology

This is an interactive Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration Certification training program and will consist of the following training approaches:

• Lectures
• Seminars & Presentations
• Group Discussions
• Individual Assignments
• Group Assignments
• Webinars
• Case Studies & Functional Exercises
• Examinations & Reports

Just like all our courses, this program also follows the ‘Do-Review-Learn-Apply’ model.

Organisational Benefits

Companies who send in their employees to participate in this Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration Certificate Course can benefit in the following ways:

• Perform legal research tasks using primary and secondary sources, use research evidence appropriately to support arguments, and demonstrate the ability to think critically
• Build an in-depth and practical knowledge of international dispute resolution among their workforce
• Comprehend the principles and practice of arbitration and the international context in which this operates
• Examine issues in international dispute resolution
• Analyse case studies in this domain and be able to apply successful techniques in your organisation
• Employ relevant institutional policies to help resolve issues that arise in international disputes

Personal Benefits

Professionals who participate in this Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration Certificate Course can benefit in the following ways:

• Comprehend the legal and theoretical principles and concepts of ADR; assess the factors that have contributed to the global growth of ADR from a broad comparative perspective and the relationship between ADR and Litigation in national courts
• Utilise the regulatory framework, legal principles and concepts relevant to each of the core ADR processes, the newly emerging professional applications and online ADR
• Explain the practical requirements and operation of negotiation, mediation, early neutral evaluation, expert determination and arbitration
• Build upon critical thinking and independent learning skills to enable students to gain knowledge in an area of substantial commercial interest, which will enhance employability potential in the international dispute resolution area

Who Should Attend?

This Alternative Dispute Resolution (ADR), Legal Mediation and Arbitration Certificate Course is suitable for private practice lawyers working in:

• International law
• International litigation
• Civil and criminal litigation
• Construction law
• Arbitration
• Dispute resolution

And for other professionals like:

• Negotiators
• Risk managers
• Planning managers
• Surveyors
• Procurement officers
• Conflict Managers
• Engineers
• Contracts managers
• Architects
• Project managers
• Quantity surveyors
• Complaint handlers
• Mediators
• Ombudsmen
• Business development professionals
• Commercial directors

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