Course Description
Preparation of effective claims and effective dispute resolutions help minimize the costs and adverse effects of relationships that often arise from commercial disputes. If informal negotiation fails to resolve a dispute, mediation or arbitration can often be the next best option in order to avoid litigation in court.
This course will give participants an insight into dispute resolution from the perspective of a lawyer. Participants will gain an in-depth understanding of the main differences between the various dispute resolution techniques with a particular focus on arbitration, in order to reduce the likelihood of disputes leading to court cases.
What Do Participants Learn?
- Prepare Effective Claims
- Determine Liability And Quantify Damages
- Identify The Right Course Of Action To Resolve A Legal Dispute
- Reduce The Possibility Of Disputes Leading To Legal Action
- Apply National And International Legal Requirements For Dispute Resolution
- Employ Arbitration Knowledge To Negotiate Terms
- Use Case Law To Achieve A Favorable Outcome For Their Organization
Who Should Attend?
- Related Professionals Within All Industries Who Are Involved In Claims Arbitration, Dispute Management Processes
- Highly Benefit In-house Counsel And Legal Advisors
- Construction Lawyers
- Project Managers
- Contract Managers
- Procurement Managers
- Supply Chain Managers
- Contractors
- Engineers
What Will the Learning Experience Include?
Phase: 1
Introduce
- Comprehensive pre-program activities include:
- Web-based information forms & surveys completed by attendee.
- Direct consultation with the attendee about the expectations.
- During the training, participants engage in data, activities, and conversations that lead to insight and knowledge.
- Participants learn from expert trainers who have both academic and business experiences.
- Highly applicable training content & instructive activities for adding depth to training topics.
- **A half-day site visit for integrating the experience & plan next steps. Opportunities to provide connections, ideas & support.
Phase: 2
Explore & Practice
Phase: 3
Apply
- Apply & sustain the learning experience by using this ongoing support:
- To ensure participant has new skills or behavior progress.
- Optional, fee-based mentoring & coaching with the trainer.
- Training materials & additional documents (e-books, pdf files, presentations and articles)
- Evaluate your training experience by giving us feedbacks and help us to reach our organizational goals.
- Participant's Evaluation
- Trainer's Evaluation
Phase: 4
EVALUATE
Section One: Fundamentals Of Claims Dispute Resolution
- Introduction
- Law Of The Contract
- Introduction To Claims
- Claims Under The Contract
- Overview Of The Dispute Resolution Process
- Methods Of Dispute Resolution Including:
- Litigation, Arbitration, Collaborative Law, Mediation
- Conciliation, Negotiation, Facilitation
Section Two: Claims & Dispute Resolution
- Claims Relating To Time
- Claims Relating To Money
- Group Exercises
- Procedures/Processes Of Claims
- Introduction To International High Court Litigation Processes
- Path Of A Claim, Pre-action Matters, Court Documents
- Case Management, Disclosure, During The Trial
- Judgement, The Alternative Dispute Resolution (ADR) System
- Early Neutral Evaluation
- Negotiation, Conciliation, Mediation, Arbitration
- Importance Of Alternative Dispute Resolution Law Systems
Section Three: Law Systems
- Law Systems, Civil Law System
- Codification, Subgroups
- Common-Law System, Court Decisions
- Statutes, International Arbitration
- Introduction To International Arbitration
- Institutional Versus ‘ad Hoc’ Arbitration
- Introduction To Mediation: The Process And Its Principles
Section Four: Arbitration In GCC
- Drafting International Arbitration Clauses
- The Arbitration Award And Its Enforcement
- Recent International Arbitration Case Law
- Advantages And Disadvantages Of:
- Arbitration, Litigation, Mediation
- Arbitration Procedure, Law Analysis
- Wrap Up, Conclusion