Dispute Resolution in Contracts Training Course

Dispute Resolution in Contracts Training Course

This intensive five-day training course is designed to equip participants with the knowledge and skills necessary to effectively manage and resolve contractual disputes. Participants will explore various dispute resolution mechanisms, including negotiation, mediation, arbitration, and litigation, and learn how to draft and interpret dispute resolution clauses, navigate legal procedures, and implement strategies to minimize the risk and cost of disputes.

The course will cover a range of critical topics, including contract interpretation and breach, negotiation strategies and techniques, mediation processes and advocacy, arbitration procedures and best practices, litigation fundamentals and court processes, drafting effective dispute resolution clauses, managing complex contractual disputes, international dispute resolution, alternative dispute resolution (ADR) in specific industries, and strategies for preventing and mitigating disputes. Through interactive discussions and practical case studies, participants will develop the expertise to handle contractual disputes efficiently and effectively.

Who should attend the training

·       Contract managers

·       Legal professionals

·       Project managers

·       Business executives

·       Negotiators

·       Contract administrators

·       Engineers

·       Procurement officers

·       Anyone involved in drafting, negotiating, or managing contracts

Objectives of the training

·       Understand the principles of contract interpretation and breach.

·       Master negotiation strategies and techniques for dispute resolution.

·       Learn the mediation process and effective advocacy in mediation.

·       Understand arbitration procedures and best practices.

·       Gain a fundamental understanding of litigation and court processes.

·       Develop skills in drafting effective dispute resolution clauses.

·       Learn strategies for managing complex contractual disputes.

·       Understand the nuances of international dispute resolution.

·       Explore alternative dispute resolution (ADR) methods in specific industries.

·       Develop strategies for preventing and mitigating contractual disputes.

Personal benefits

·       Enhanced ability to analyze and interpret contractual disputes.

·       Improved skills in negotiation, mediation, and other dispute resolution methods.

·       Increased confidence in managing and resolving contractual conflicts.

·       Ability to draft clear and effective dispute resolution clauses.

·       Greater understanding of the legal and commercial implications of disputes.

Organizational benefits

·       Reduced costs and time associated with contractual disputes.

·       Improved ability to resolve disputes efficiently and amicably.

·       Stronger contractual relationships with business partners.

·       Enhanced risk management through effective dispute resolution strategies.

·       Greater understanding of legal and commercial implications of disputes.

Training methodology

·       Interactive lectures and presentations with real-world examples

·       Group discussions and case study analysis of contractual disputes

·       Practical exercises in negotiation and mediation

·       Practical session: Conducting a simulated negotiation session.

·       Mock arbitration proceedings and role-playing

·       Practical session: Participating in a mock arbitration hearing.

·       Drafting and analyzing dispute resolution clauses

·       Practical session: Drafting a comprehensive dispute resolution clause.

·       Guest lectures from experts in contract law and dispute resolution

·       Practical session: Developing a dispute resolution strategy for a complex contract.

Course duration: 5 days

Training fee: USD 1300

Module 1: Contract Interpretation and Breach

·       Principles of contract interpretation

·       Identifying and analyzing contractual obligations

·       Types of breach of contract (material, minor, anticipatory)

·       Remedies for breach of contract (damages, specific performance, termination)

·       The role of evidence in proving breach

·       Practical session: Analyzing a contract to determine the obligations of each party and whether a breach has occurred.

Module 2: Negotiation Strategies and Techniques

·       Understanding the negotiation process

·       Distributive vs. integrative negotiation

·       Developing negotiation strategies and tactics

·       Effective communication and persuasion skills

·       Handling difficult negotiations and personalities

·       Practical session: Conducting a simulated negotiation session to resolve a contractual dispute.

Module 3: Mediation Process and Advocacy

·       Introduction to mediation as a dispute resolution method

·       The role of the mediator

·       The stages of the mediation process

·       Effective advocacy and representation in mediation

·       Drafting settlement agreements

·       Practical session: Participating in a mock mediation hearing.

Module 4: Arbitration Procedures and Best Practices

·       Introduction to arbitration as a dispute resolution method

·       Types of arbitration (ad hoc, institutional)

·       The arbitration agreement and its essential elements

·       Conducting arbitration proceedings (appointment of arbitrators, hearings, evidence)

·       Enforcement of arbitral awards

·       Practical session: Participating in a mock arbitration hearing.

Module 5: Litigation Fundamentals and Court Processes

·       Introduction to litigation and court systems

·       Jurisdiction and choice of law in contractual disputes

·       Pleadings, discovery, and pre-trial procedures

·       Trial procedures and rules of evidence

·       Appeals and enforcement of judgments

·       Practical session: Analyzing a case study of a contractual dispute that proceeded to litigation.

Module 6: Drafting Effective Dispute Resolution Clauses

·       Importance of dispute resolution clauses in contracts

·       Types of dispute resolution clauses (negotiation, mediation, arbitration, litigation)

·       Key elements of a comprehensive dispute resolution clause

·       Multi-tiered dispute resolution clauses

·       Considerations for international contracts

·       Practical session: Drafting a comprehensive dispute resolution clause for a commercial contract.

Module 7: Managing Complex Contractual Disputes

·       Identifying and analyzing complex disputes

·       Developing a dispute resolution strategy

·       Managing multiple parties and claims

·       Using project management techniques in dispute resolution

·       Cost and risk management in complex disputes

·       Practical session: Developing a dispute resolution strategy for a complex, multi-party construction contract.

Module 8: International Dispute Resolution

·       International arbitration and the New York Convention

·       Choice of law in international contracts

·       Cross-border litigation and enforcement of judgments

·       Cultural differences in dispute resolution

·       Investment treaty arbitration

·       Practical session: Analyzing an international arbitration case.

Module 9: Alternative Dispute Resolution (ADR) in Specific Industries

·       ADR in construction contracts

·       ADR in energy contracts

·       ADR in technology contracts

·       ADR in financial services contracts

·       Industry-specific dispute resolution mechanisms

·       Practical session: Examining the use of dispute boards in a construction project.

Module 10: Strategies for Preventing and Mitigating Disputes

·       Effective contract drafting and negotiation techniques

·       Contract administration and performance monitoring

·       Change order management and claims avoidance

·       Risk allocation and management

·       Building strong contractual relationships

·       Practical session: Developing a dispute resolution strategy for a complex contract.

Requirements:

·       Participants should be reasonably proficient in English.

·       Applicants must live up to Armstrong Global Institute admission criteria.

Terms and Conditions

1. Discounts: Organizations sponsoring Four Participants will have the 5th attend Free

2. What is catered for by the Course Fees: Fees cater for all requirements for the training – Learning materials, Lunches, Teas, Snacks and Certification. All participants will additionally cater for their travel and accommodation expenses, visa application, insurance, and other personal expenses.

3. Certificate Awarded: Participants are awarded Certificates of Participation at the end of the training.

4. The program content shown here is for guidance purposes only. Our continuous course improvement process may lead to changes in topics and course structure.

5. Approval of Course: Our Programs are NITA Approved. Participating organizations can therefore claim reimbursement on fees paid in accordance with NITA Rules.

Booking for Training

Simply send an email to the Training Officer on training@armstrongglobalinstitute.com and we will send you a registration form. We advise you to book early to avoid missing a seat to this training.

Or call us on +254720272325 / +254725012095 / +254724452588

Payment Options

We provide 3 payment options, choose one for your convenience, and kindly make payments at least 5 days before the Training start date to reserve your seat:

1. Groups of 5 People and Above – Cheque Payments to: Armstrong Global Training & Development Center Limited should be paid in advance, 5 days to the training.

2. Invoice: We can send a bill directly to you or your company.

3. Deposit directly into Bank Account (Account details provided upon request)

Cancellation Policy

1. Payment for all courses includes a registration fee, which is non-refundable, and equals 15% of the total sum of the course fee.

2. Participants may cancel attendance 14 days or more prior to the training commencement date.

3. No refunds will be made 14 days or less before the training commencement date. However, participants who are unable to attend may opt to attend a similar training course at a later date or send a substitute participant provided the participation criteria have been met.

Tailor Made Courses

This training course can also be customized for your institution upon request for a minimum of 5 participants. You can have it conducted at our Training Centre or at a convenient location. For further inquiries, please contact us on Tel: +254720272325 / +254725012095 / +254724452588 or Email training@armstrongglobalinstitute.com

Accommodation and Airport Transfer

Accommodation and Airport Transfer is arranged upon request and at extra cost. For reservations contact the Training Officer on Email: training@armstrongglobalinstitute.com or on Tel: +254720272325 / +254725012095 / +254724452588

Instructor-led Training Schedule

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