Certification in Alternative Dispute Resolution From a Business Perspective: Practice, Drafting and Procedure
In the current education system, the focus on alternative dispute resolution method varies between two extremes, either it is completely statute-based, that is, a comprehensive study of the Arbitration and Conciliation Act, or it is completely devoid of statutory discussion, and may involve discussion of mediation and negotiation techniques alone.
Successful alternative dispute resolution involves a high amount of strategic input and decision making. To facilitate that, strategic insights, contractual knowledge and drafting, legal understanding of different concepts unique to arbitration and drafting skills (for various arbitration and court-related documents) need to be simultaneously used. It is like a game of chess, and best practices and strategies are discovered over time.
This is a hands-on course that teaches you how to resolve disputes effectively through arbitration, mediation and conciliation. No prior theoretical or legal knowledge is required.
While the focus is on arbitration currently, the section on consent-based mechanisms - i.e. mediation, conciliation and negotiation is expanding continuously, as these are fast picking up in India.
You will find the skills and understanding provided here useful, irrespective of whether you are a businessman or a professional. If you are a businessman, you will be able to prepare superior dispute resolution strategies and add insights to discussions with your internal team (CXOs, legal and compliance team) and with external lawyers and law firms.
If you are a lawyer or law student, this course is very different from what you will study in law school in arbitration or alternate dispute resolution class.You will be able to think from a strategic and practical perspective.
If you have been involved in advisory or corporate work and would like to add on a practice of arbitration or shift to arbitration, this course will enable you to make a smooth shift.
This course will not focus on use of alternative dispute resolution for personal disputes which are not commercial or business-related, such as Lok Adalats, motor accident or divorce claims, etc.
Skills and strategic insights you will acquire are:
How can you draft effective arbitration clauses?
Which are the most commonly required documents in an arbitration proceeding and how can you draft them effectively?
How can you reduce uncertainty that leads to frequent court intervention?
How can you ensure your ad hoc arbitration proceeds in a planned manner?
What types of interim measures should you request and from which authority?
What mechanisms will speed up your arbitration?
When should you select institutional arbitration over ad hoc arbitration?
How can you lower costs of arbitration?
When and where should you use conciliation and mediation processes?
Why is conciliation preferable to mediation in India?