First Class: October 7, 2016: “CONFLICT, COMMUNICATION AND PROBLEM SOLVING” with THIERRY GARBY, International Mediator
Thierry Garby will open the class with some thoughts about various aspects that make up conflicts and ways to identify and name them.
The class will then elaborate on communication issues as they may interfere with problem solving strategies, with a focus on structural dimensions and common or diverging interests and values.
The class will be illustrated by practical cases tailored to the topics covered.
“The enemy is stupid: he thinks we are the enemy whereas it is he”.
(Thierry Garby quoting Pierre Desproges)
Second Class: November 9, 2016: “SPECIFIC ISSUES IN MEDIATION” with Professor AD KIL
Prof Ad Kil will give an opening address on dilemmas in mediation, confidentiality and authoritative mediation, neutrality and the continuing discussion about ‘to advise or not to advise’ in the light of the quality of decision making in the mediation process.
The case studies will deal with wealth management in family businesses and disputes in professional service firms.
The discussions will aim at developing best practices.
“ Denying a conflict triggers escalation; admitting a conflict prompts a solution, but this requires moral courage !”
(Professor Ad Kil)
Third Class: December 9 2016: “THE A IN ADR” with Dr ULRICH HAGEL, Mediator and Head of Claim Governance and Litigation at Bombardier Transportation
The class will critically review the various ADR techniques including both non-binding and binding techniques.
The session will begin with an address by Dr Ulrich Hagel, who will give an overview and critical appraisal of the various ADR techniques. Dr Hagel will draw on his personal experience regarding the use of the various techniques and will suggest some Do’s and Don’ts in relation to practical dispute resolution.
Via the examination of the case study, special attention will be paid to issues such as identifying the right time to resort to ADR, selection of the appropriate ADR technique(s), obtaining the required buy-in from stakeholders, preparing for mediation and other dispute resolution sessions, as well as the implementation of solutions.
“Lawyers are expected to add value to the Business and consequently to run Disputes as Business Cases rather than as legal competitions!” – Dr Ulrich Hagel