Upon completion of this intensive course, participants will be able to:

• Design and implement multi-tiered dispute resolution clauses (escalation, mediation, arbitration).
• Manage the process of identifying, documenting, and resolving contractual claims internally.
• Understand the fundamentals of the litigation process, including discovery and trial phases.
• Select, instruct, and manage external litigation counsel to ensure cost efficiency and favorable outcomes.
• Analyze the differences between litigation, binding arbitration, and non-binding mediation for specific contract types.
• Apply negotiation strategies specifically tailored to pre-litigation settlement and mediation.
• Draft effective clauses regarding choice of law, jurisdiction, and governing language for international disputes.
• Utilize technology and data to assess the strength and potential cost of a contract claim.

• Contract Managers responsible for dispute resolution
• In-house Legal Department Staff and Paralegals
• Project and Program Directors with high claim exposure
• Commercial and Business Development Leads
• Senior Procurement Specialists
• Risk and Claims Management Professionals
• Heads of Contract Administration

• Mock negotiation and mediation role-plays to practice settlement strategies.
• Case studies analyzing the costs and outcomes of various dispute resolution methods.
• Workshops on drafting high-quality, enforceable arbitration and jurisdiction clauses.
• Group exercise in creating a litigation budget and selecting outside counsel.
• Discussions on evidence preservation and the technical aspects of e-discovery.

Unit 1: Foundations of Contractual Disputes and Claims Management

• Defining a breach, default, and material breach in various contract contexts.
• Establishing robust internal processes for documenting performance failures and change events.
• The critical role of correspondence, notice provisions, and deadlines in preserving rights.
• Financial analysis of claims: quantifying damages, lost profit, and mitigation costs.

• Drafting escalation clauses to management tiers before formal legal action.
• Structuring mandatory negotiation, non-binding mediation, and binding arbitration.
• Pitfalls of "agreement to agree" clauses and ensuring enforceability of the resolution process.
• Using resolution provisions to manage international and cross-border commercial disagreements.

Unit 2: The Role of ADR: Mediation and Arbitration

• Preparing for and participating effectively in commercial mediation sessions.
• Selecting the right mediator and understanding the mediator's role and authority.
• Negotiation tactics specific to reaching a mediated settlement agreement.
• Confidentiality and admissibility of evidence in the mediation process.

• Comparing institutional (ICC, AAA, LCIA) vs. ad hoc arbitration rules.
• Drafting scope, seat, and language of arbitration clauses for global enforceability.
• Understanding the selection process for arbitrators and managing the tribunal.
• The finality of arbitral awards and enforcement via the New York Convention.

Unit 3: Litigation Management for Contract Managers

• Issuing and managing legal holds for document preservation and e-discovery.
• Understanding the basics of pleadings, motions, and jurisdiction challenges.
• Working with IT and records departments to manage electronic document production (EDP).
• Preparing company witnesses for depositions and testimony.

• Strategies for selecting the right law firm and lead counsel for contract disputes.
• Negotiating alternative fee arrangements (AFAs) to control litigation costs.
• Developing a clear litigation budget, strategy, and lines of communication.
• Evaluating the probability of success and recommending settlement or continuation.

Unit 4: Advanced Dispute Resolution Concepts

• Drafting comprehensive settlement agreements, releases, and non-disparagement clauses.
• Understanding tax and accounting implications of major contract settlements.
• Contractual termination for convenience vs. termination for cause and associated risks.
• Using contract termination as a strategic leverage point in dispute resolution.

• The use of Dispute Boards (DBs) and expert determination in long-term contracts.
• Integration of technology (AI) for e-discovery and claims analysis.
• The application of dispute resolution clauses in highly regulated industries.
• Ethical considerations in managing legal risk and professional conduct.