Day 1: Litigation and ADR Overview

Day 1: Litigation and ADR

• Litigation is expensive, with 9 out of 10 hours spent preparing, not in court.
• People hire lawyers to maximize outcomes in disputes.
• Staying in conflict is a choice, posing significant risk.
• Lawyers help clients find alternative solutions to avoid risk and discomfort.
• Disputes arise from disagreements that escalate into conflicts, impacting personal beliefs and ideals.

Dispute Resolution

• Disagreements usually don't require lawyers; conflicts do.
• Conflicts affect ideals, beliefs and sense of self.
• Conflict resolution skills are critical for lawyers.

Lawyer Skills

• Critical thinking and guidance are crucial.
• Lawyers need to understand the law and know when to act decisively and when to hold back.
• Effective listening and understanding client needs are key.
• Justice involves closure and aims for equality, but disputes arise from inequality

Day 2: Arbitration

• Arbitration is a private process where disputing parties agree to a binding decision after hearing evidence and arguments.
• Arbitration agreements are often included in contracts.
• Key features include: enforceability, confidentiality, party choice of arbitrator, and more flexible processes.
• The New York Convention deals with the recognition and enforcement of arbitral awards across jurisdictions.

Day 3: Conciliation and Dispute Resolution

• Conciliation involves an authoritative party assisting parties to reach an agreement but without controlling the process.
• Conciliation is a less formal process than arbitration.
• An important part of ADR is the preparation of the parties and understanding of the legal implications.

Day 4 : Mediation

• Mediation is a voluntary, structured process where parties attempt to reach a mutually agreeable resolution.
• Mediation is often preferred when a structured process is important and where there is a need to understand underlying concerns, and to ensure that the emotional aspect of conflict is managed effectively.

Day 5

• Lawyers use many methods to resolve disputes, including:
• Negotiation
• Court
• Mediation
• Collaborations
• Arbitration
• Self-service