Advanced Arbitration and Mediation
November 5, 2012 - November 16, 2012
Location
The Foundry Building in Georgetown
1055 Thomas Jefferson Street, NW. Suite M-100
Washington, District of Columbia 20007
USA
Description
Overview
This course strengthens participants' knowledge of alternative methods of dispute resolution (ADR) and arbitration. The course examines the theory behind the advanced legal issues involved in international commercial arbitration, and emphasizes the development of practical skills through case studies, workshops and exercises. The course is intended for judges, lawyers, non-lawyer professionals, executive branch government officials, judicial officers, officials of judicial and legal training units, and court administrators.
Course Outline
International Arbitration (Advanced)
The Arbitration Agreement
•Legal issues: characteristics, validity, scope, applicable law, transfer, termination
•Case studies
•Negotiating and drafting exercise (participants will engage in negotiation exercises)
The Arbitral Tribunal
• Legal issues: appointment, qualification, arbitrator ethics and challenges
•Case studies
The Arbitration Proceedings
•Legal issues: seat of the arbitral tribunal, commencing managing proceedings, terms of reference, discovery of documentary evidence, interim relief, submitting testimony, conduct of the hearings, and awards
•Choosing arbitration rules: comparative study of arbitration rules
Law Governing the Merits of the Dispute
•Legal issues: choice of law, absence of law, international public policy and mandatory rules of law
•Case studies
•Simulation exercise
Court Measures
•Legal issues: the degree of court intervention, interim measures of protection, appointment of arbitrators, judicial assistance in the arbitration process, judicial review
•Case studies
Enforcement of Arbitral Awards: Case studies
Issues of Particular Interest
•Arbitration in construction matters, damages and remedies in arbitration, arbitration involving states or government agencies, investment disputes.
Additional Information
Course Outline - Cont'd
Negotiation & Mediation: Process, Skills and Techniques
Defining Negotiation and Mediation and the Underlying Relationship
Negotiation Emphasis
•Different approaches to negotiation
•Assessing the interests of both parties
•Setting aspiration and bargaining bases, and conceding strategically
•Listening and questioning skills
•Why negotiations fail
•Breaking deadlock
Mediation Emphasis
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Mediator role and styles
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Determining the mediation process, including opening statements by mediator and parties
Finding resolution in mediation (incorporating important aspects introduced above, such as uncovering interests and breaking deadlock)
•
Closure and follow-up
The Role of Advocate and Litigant
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How to prepare for the mediation
•
How to devise a settlement strategy
•
How to advocate for yourself and your client
•
How to manage your client during mediation
Organized by
International Law Institute
1055 Thomas Jefferson Street, NW. Suite M-100
Washington, District of Columbia 20007
United States of America
More Information
Event's Website
