Introduction to Dispute Resolution and Negotiation

• Overview of the course objectives and learning outcomes
• The fundamental principles and strategies of effective negotiation
• The importance of preparation, active listening, and effective communication in negotiations
• Exploring different negotiation styles and approaches (competitive, collaborative, compromising, etc.)
• Interactive exercises and role-playing scenarios to practice negotiation skills
• An overview of different methods of dispute resolution, including litigation, mediation, arbitration, and negotiation
• The advantages and limitations of each method
• Real-life examples of businesses utilizing different dispute resolution methods
• The importance of effective dispute resolution and negotiation skills in business
• Exploring the concept of settlement "off-ramps" and their role in managing disputes

Proactive Dispute Prevention and Minimization

• Strategies for avoiding disputes in business relationships
• Identifying potential conflict areas and conducting conflict risk assessments
• Developing dispute management systems and protocols
• Case study analysis: Provide participants with real-world case studies where businesses successfully avoided or minimized disputes. In small groups, they can analyze the strategies used and present their findings to the rest of the class.
• Conflict risk assessment exercise: provide participants with a business relationship scenario. Ask each team to conduct a conflict risk assessment and present their findings, including potential areas of conflict and recommended prevention measures.

Methods of Private Dispute Resolution

• Introduction to various methods of private dispute resolution (mediation, arbitration, negotiation, etc.)
• Understanding the advantages and limitations of each method
• Introducing hybrid dispute resolution approaches that combine elements of different methods, such as med-arb (mediation-arbitration) and arb-med (arbitration-mediation)
• Exploring the advantages and challenges associated with hybrid approaches
• Case studies of businesses that have successfully utilized hybrid methods
• Application of different dispute resolution mechanisms

Choosing and Sequencing Dispute Resolution Mechanisms

• Evaluating the costs and benefits of selecting specific forms of dispute resolution
• Factors to consider when determining the most suitable dispute resolution mechanism
• Designing a sequence of mechanisms for resolving complex disputes
• Cost-benefit analysis: Assign participants to pairs or small groups and provide them with different hypothetical disputes. Ask them to analyze the costs and benefits associated with selecting various dispute resolution mechanisms for each case and discuss their findings with the class.

Advanced Negotiation and Drafting Effective Settlement Agreements

• Techniques for effective negotiation and conflict resolution
• Formulating and negotiating contract amendments
• Drafting settlement agreements that address changed circumstances
• Negotiation simulation: Negotiate a settlement agreement based on a provided scenario while applying the negotiation techniques learned during the course.
• Drafting exercise: Present delegates with a scenario that requires amending and updating the agreement. In small groups, they can work on revising the agreement to address the changed circumstances and present their final drafts.