ADR Advocacy

Designed to raise awareness amongst lawyers and counsel, with reference to the professional challenges, opportunities and incentives that stem from the use of commercial ADR, including key benefits for clients. Through participative exercises, case studies and role-plays to maximise learning, delegates will be equipped with the skills necessary to better represent their commercial clients in arbitration and mediation, maximise the advantages of these processes and be fully appraised of the requirements of current civil justice practice.

 

To accommodate for the usual time pressures on most attorneys, these programs will be delivered in four half-day sessions (per track - arbitration and mediation), running over the course of two months.

 

Additionally, CADRIn hosts a free webinar approximately 1 month in advance of the program to offer potential participants an overview of the content within the separate arbitration and mediation tracks.

Participant fees: USD $500 per track  

Course outlines: 

Arbitration

Session 1: Pre-Arbitration

  • Incorporating arbitration into your practice

  • Convincing clients and other parties to arbitrate 

  • Case assessment for dispute resolution

  • Drafting the "agreement to arbitrate"

  • Legal framework, including limitations 

  • Contractual nature of arbitrator appointment 

  • Range and limitations of arbitrator powers and jurisdiction

 

Session 2 & 3: Arbitration procedure

  • Methods of initiating and processing an arbitration

  • Evaluation of issues

  • Application of regional arbitration law(s)

  • Application of UNCITRAL Model Law

  • Preparing for and progressing for an arbitration

  • Communicating effectively with parties and tribunal

  • Procedural rules, guidelines and best practice 

 

Session 4: Hearing and Enforcement of Awards

  • Procedural applications 

  • Application of the rules of evidence 

  • Preparation of written submissions 

  • Presentation of evidence and oral submissions 

  • Examination of witnesses 

  • Claims for setting aside an award 

  • Enforcement of an award in NY Convention states

  • Enforcement of an award in non-NY Convention states 

Mediation 

 

Session 1: Pre-Mediation 

  • When to choose mediation

  • Incorporating mediation into your practice

  • Case-assessment

  • Convincing others to mediate – clients and parties

  • Drafting / reviewing the “agreement to mediate”

 

Session 2: Preparation 

  • Logistics

  • Documentation – case summaries and bundles

  • Teams and roles

  • Attorney / counsel preparation

  • Preparing clients

  • Preparing opening statements 

 

Session 3: The Mediation Day(s) 

  • Making an impactful start

  • Using the early stages of the process

  • Private sessions

  • Time management

  • Negotiation strategies

  • Framing and responding to offers

  • Deadlock / risk assessment / reality testin

  • Reaching settlement 

 

Session 4: Post-Mediation

 

  • Finalising agreements

  • Enforcement

  • Continuing negotiations where no settlement reached 

To register your interest in any of the above courses, please contact us, highlighting which programs you would like to attend, and we will be in touch as these are diarised. Upcoming courses are also available to book online. 

ADR Essentials

Short, introductory sessions, offering quick, valuable resources on ADR to equip participants to discuss with advisors and clients

ADR Advanced

In depth guidance on legal principles, procedure and best practice in ADR for arbitrators, mediators and attorneys

ADR Advocacy

Addressing ADR advocacy as an essential tool in practice development for litigators and transactional attorneys

ADR Virtual

Covering practical issues such as setting up and conducting ADR sessions virtually online