Awareness CoursesOur basic Awareness Course is: "ADJUDICATION - MEDIATION - CONCILIATION - OMBUDSMAN - ARBITRATION" This is a 3-day Course introducing the major methods for resolving commercial disputes, explaining the principles of each, comparing them and considering their appropriateness for different types of dispute.
PART A - An overview of commercial dispute resolution processes
- Introduction to the Course - context, public policy, conflict management & dispute resolution
- Conflict and its management - nature of conflict, negative & positive management strategies
- Arbitration - a final solution - commercial & international contexts, comparison with litigation
- Resolution by other means - settlement v imposed decision, DR methods described
PART B - A closer look at some of the processes
- Ombudsman (independent complaints review) - power imbalance, investigation, limitations
- Mediation principles & techniques - common & special principles, compared with arbitration
- International commercial arbitration - essential & universal features, treaties & Conventions
- The Arbitration Agreement & Award - clause or submission; legal backgrounds; Awards
- Local legal context - litigation, State Courts, Arbitration legislation
PART C - Selecting processes & designing dispute resolution systems
- Selecting appropriate method(s) & designing DR systems - definitions, principles
- A related topic - conflict management as an audit tool; principles, maintenance
- Prospective approaches to dispute resolution in the local venue
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