Navigating Business Disputes in a World of ESG uncertainty for Contracts and Project Managers in the Gulf Region

Program Brief

The Course will assist company leaders to learn and develop essential conflict anticipation and resolution skills for dealing with the difficult business situations arising from ESG, digital transformation and energy transition; to create and sharpen instincts; and to heighten awareness in order to avoid conflict and disputes – or, where that is not possible, to resolve them quickly and effectively.

Audience / Target Group

Business managers involved in contracts or project management.

In-house counsel who advise business management in respect of contracts and project matters.

Outside counsel, particularly transactional lawyers who advise clients in these areas.

Particular industries: construction, energy and technology (aviation, aerospace, manufacturing).

Energy transition as a host of renewable energy projects being planned over the next decade (wind, solar, carbon capture).

Awarding Body(if applicable)

NYLS would provide NYS CLE credits (12 per module or 36 in total) as well as a certificate of completion (either per module or for the entire course)

Entry Requirements/Pre-Requisites

N/A

Course/Qualifications Level (if applicable)

CLE

Program Specification

Course Provider Name

NYLS

Price per applicant

9500 AED

Duration

12 HRS/module(twice/week 3 HRS/session)

Seat Capacity / Cohort Size

20+ (details tbc)

Learning Outcomes

  • learn how conflicts arise in business relationships – including those particularly related to ESG, digital transformation and climate related challenges
  • learn better communication skills and how to conduct difficult conversations productively
  • learn better negotiation skills, contracting to manage disputes, and creating settlement "off-ramps"
  • learn effective means to avoid disputes from arising, or to minimize their impact
  • study conflict risk assessments and plan for disputes from the inception of the business relationship and learn to put in place dispute management systems
  • be familiar with the range of methods available for private dispute resolution of business disputes
  • understand the costs and benefits of selecting one form of dispute resolution over another, or a sequence of such mechanisms best suited to the dispute at hand
  • appreciate the choices available within the various dispute resolution processes as they progress
  • engage effectively with advocates, counsel, decision makers and other participants in the various processes to promote the interests of their business and to evaluate options to promote dispute resolution
  • learn effective issue-spotting techniques in managing projects
  • learn collaborative techniques in managing complex projects with multiple parties
  • learn about effective tools to implement in projects to address conflict when it arises
  • learn how to negotiate and formulate effective contract amendments
  • learn to use facilitative negotiation techniques to realign contracts to address changed circumstances
  • learn how to draft effective settlement agreements

Modules

Communication and Relationships
  • Warning signs and storms
  • What is conflict?
  • Why conflict is magic
How Conflict Arises and How to Recognize It
  • Gaining clarity
  • What is the root cause of conflict?
  • The cost of conflict
  • The danger of parallel conversations
Effective Negotiations
  • Choosing your path
  • Working with different perspectives
  • Avoiding the conflict abyss
  • Understanding conflict behaviors
Collaborative Contracting
  • The 4 pillars of collaboration
  • Understanding the role of values
  • How to listen so others will speak
  • How to speak so others will listen
The Workplace and Beyond
  • How to plan ahead and avoid future problems
  • A living contract
  • Modelling the way forward
Review of Dispute Avoidance Mechanisms
Co-operation versus Confrontation
  • Project collaboration (Collaborative Contracting)
    • Internal
    • External
  • Conflict Awareness techniques
  • Addressing confrontational behaviour
  • Turning confrontation into collaboration
Assessing Risk and mitigating techniques
  • Risk assessments
  • Lessons learned
  • Mitigation planning
ADR Policies and Procedures
  • Purpose
  • Drafting
  • Implementation
ADR Clauses
  • Drafting options
  • Key considerations
  • Convincing the other parties
Preparing the best approach to project management
  • Horizon scanning for potential project issues
  • Issue awareness sessions
  • Issue confrontation
  • Virtual circle
Third Party Intervention (facilitated negotiations)
  • Facilitated Negotiations
  • Project Mediation
  • Dispute Boards
The Dispute Resolution landscape
Choosing the best alternatives
Leveraging relationships
  • The concept of stakeholders
  • Environmental and energy-related community disputes
  • Negotiation as a project attribute
Revising relationships effectively during contract performance
Unique attributes of managing and resolving governance disputes
Negotiation of discrete legal claims
  • Taxonomy of negotiation
  • Stages of negotiation
  • Discounted value calculations
  • Decision trees
How to prepare for facilitated negotiations (mediation)
  • Whether to mediate
  • Selecting the mediator
  • Preparing the client
  • Preparing the mediator
  • Techniques in managing the counterparty in mediation
  • Techniques to make resolution more likely
Preparing for settlement and effective implementation
International arbitration
Lessons Learned

Registration

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