Presentation

Description

Drafting an ADR Clause

It is now common for parties to incorporate negotiation, mediation and arbitration in their contracts to ensure faster and more cost-effective dispute resolution. This practical presentation examines drafting pitfalls, and the use of boiler plate versus custom made clauses. It also provides drafting suggestions with emphasis on arbitration provisions. The length of this session may vary depending on clients’ requirements.

Introduction to Mediation

This session will provide participants with insight into the mediation process, including the importance of selecting mediators, and how to prepare for and engage in negotiations in mediation. The length of this session may vary depending on clients’ requirements.

Mediation Workshop

In this session, participants will acquire a basic understanding of the mediation process by observing a live mediation simulation that will explore the mediation process and tactics involved. During this 3-hour session, attendees will have an opportunity to engage in discussion regarding the participation in and process of a mediation.

Negotiation Training

The interest-based negotiation used in mediation differs from conventional positional bargaining in non-mediated negotiations. This 1½ hour session explains the difference in approach and how to ensure you are fully prepared for your negotiation.

Arbitration

The focus of this 1½-hour session is to provide information about the arbitration process, and to consider the difference between ad hoc and administered arbitrations. It will examine some important issues, such as drafting an arbitration clause, selecting arbitrators, confidentiality, production of documents, discovery of witnesses, the pre-arbitration meeting and an arbitration procedure. As a result, participants should acquire a basic understanding of the arbitration process.

Decision Tree Analysis

The focus of this 1-hour session is to develop a decision tree, explaining the components of the tree, what the branches represent, the use of probabilities, and the use of the analysis with respect to both liability and damages. Participants will gain an understanding of the use of decision tree analysis in negotiations, mediations and litigation.