Mediation / Arbitration Training Course
Course Code:
LT105
Course Objective
Upon completing this 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
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
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
The Cost Of The Training Program Includes The Following:
- Scientific article on flash memory.
- Training Room.
- Training.
- Coffee break.
- The training bag includes all the tools for the course.
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