Description
Making and Saving Deals (M&SD) is an intensive course on negotiation, mediation and arbitration for law and graduate students from all over the world that will have the opportunity to work together with a world-class faculty to refine the skills necessary to make and save commercial deals in our growing global business environment. Lawyers and business professionals are increasingly called on to negotiate business deals that span political, legal, and cultural boundaries. Now, more than ever before, they are called on to save deals through transnational private dispute resolution processes.
Objectives
The course aims to:
- teach participants how to negotiate, as well as use mediation, arbitration and other private dispute resolution processes to preserve and manage business relationships;
- introduce key concepts in international mediation and arbitration, including how to choose an appropriate dispute resolution process, how to draft enforceable dispute resolution clauses, and how to effectively represent clients in private dispute resolution forums;
- teach a theoretical and practical framework for understanding negotiation practice. Topics to be covered include negotiator style and personalities, the tension between creating and distributing value, and the communication, psychological, and cultural barriers to successful negotiation;
- introduce the law of international deal-making focusing on three types of transactions: sale of goods, licencing, mergers and acquisitions.
Programme
Week one: July 2 – July 6
Making Deals: Negotiating International Business Transactions
Monday, July 2
- Program Introduction and “Road Map”
- Negotiation Definition
- Personal Styles
- Distributive vs. Integrative Tendencies
Tuesday, July 3
- Key Concepts in Negotiation
- Avoiding Common Negotiator Mistakes
- Distinguishing Issues, Interests and Positions
- Managing your own satisfaction
Wednesday, July 4
- Creating Value in Negotiation
- Effective Preparation Strategies
- Tension between Empathy and Assertiveness
- Case Study: Intellectual Property Law.
Thursday, July 5
- Effective Communication in Negotiation
- Exchanging Information
- Negotiations Entailing Multiple Issues
- Case Study: Sport and Entertainment Law
Friday, July 6
- Barriers and Cultural Differencies in Negotiation
- Complex Dispute Negotiation
- Lie Prevention and Detection in Negotiation
- Case Study: Mergers and Acquisitions
- Negotiation Test
Week two: July 9 – July 17
Saving Deals: Resolving International Business Disputes
Monday, July 9
- Dispute Resolution Overview
- Mediation: Structure and Goals
- Choice of Process
Tuesday, July 10
- Initial Contact Stage
- Legal and Administrative Aspects
- Opening Statements
- Case Study: Tenancy
Wednesday, July 11
- Mediation Techniques, Information Exchange and Analysis
- Interest vs. Position
- Case Study: Cross-border Intellectual Property
Thursday, July 12
- Mediation Advocacy
- Drafting Dispute Resolutions Clauses
- Generating Options and Finalizing Agreements
- Evaluation and Decision Analysis
Friday, July 13
- Advanced Topics in Business Mediation: Intercultural Aspects, Styles and Approaches to Mediation
- Getting a Case Organized
- Dealing with Dilemma’s and Difficult Situations
Monday, July 16
- Arbitration Introduction: New York Convention
- Arbitration Procedure
- Arbitration Agreement
Tuesday, July 17
- Advocacy Techniques in International Arbitration-Effective Opening Statements and Use of Evidence
- Moot Arbitration Session
Teaching Team
Course Director
Giuseppe De Palo
International Professor of Alternative Dispute Resolution Law & Practice at Hamline University School of Law in St. Paul, Minnesota and President of ADR Center in Rome
Faculty
Stavros Brekoulakis
Researcher and Senior Lecturer in International Dispute Resolution at Queen Mary University in London. Mr. Brekoulakis is also the academic director of the Diploma Course in International Arbitration and a member of the Athens Bar, having practiced shipping law and dispute resolution
Rachele N. Gabellini
Instructor and accredited mediator at ADR Center in Rome. Ms. Gabellini is a lawyer with experience in judicial and extrajudicial dispute resolution of international civil and commercial cases
Giulia Gosi
Senior associate with Cleary Gottlieb Steen & Hamilton in Rome, Ms. Gosi’s practice primarily focuses on commercial international and treaty-based arbitration as well as on civil and commercial litigation.
M.A. Schonewille
President of ACB Foundation, partner at Toolkit Company, JAMS International panelist, and IMI Certified Mediator at Result ACB. Ms. Schonewille lectures at Utrecht University, co-chairs the International Committee of ABA‘s DR Section and is a frequently published author
Distinguished Lecturers
Emanuele Alemagna, Studio LCA (Milan)
Pablo Cortés, University of Leicester (Leicester)
Stefano Feltrin, Studio Legale Feltrin (Rome)
Gianluca Gilardi, Studio Legale Sutti (Milan)
Tim Hardy, CMS Cameron McKenna (London)
Edoardo Vassallo, Studio Portale Visconti (Milan)
Calendar
| City | Date | Venue | Application |
| Milan | from Monday July 2 to Tuesday July 17 2012 |
ADR Training Center Via Festa del Perdono, 10 |
 |
Program Fees
€ 2950,00 + VAT 21%
General Information
ADR Center SpA
Via del Babuino, 114
00187 Roma
Italia
Tel. +39 06 693.800.04
Fax +39 06 691.904.08
formazione@adrcenter.com
international@adrcenter.com
