Making and Saving DealsIn the Global Business Environment - Corso Mediatore professionista corsi mediazione Conciliazione, ADR, Mediatori

Making and Saving Deals
In the Global Business Environment

An intensive course on negotiation, mediation and arbitration for law and graduate students from all over the world (entirely taught in English)

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

DAY		TOPICS
Week one: July 2 – July 6 Making Deals: Negotiating International Business Transactions
Monday, July 2		Program Introduction and “Road Map” Introduction to Negotiation Personal Styles Competitive vs. Cooperative Style The Vienna Convention – Contracts for the International Sale of Goods (CISG)
Tuesday, July 3		Key Concepts in Negotiation Distributive vs. Integrative Tendencies Reservation Point, BATNA, WATNA, Settlement Range; Distinguishing Issues, Interests and Positions Tension between Empathy and Assertiveness Simulation
Wednesday, July 4		Negotiation: the Challenges of Deal—Making Building a Lasting Agreement Effective Preparation Strategies Principle of Influence in Negotiation Lessons from Cognitive Psychology and Heuristics Exchanging Information Concession Management Intellectual Property/Licencing
Thursday, July 5		Negotiation: Cross Cultural Negotiation Bargaining in the Shadow of the Law and Ethical Issues Simulation
Friday, July 6		Complex Dispute Negotiation Mergers and Acquisitions Case Study Preparation and Simulation
Week two: July 9 – July 17 Saving Deals: Resolving International Business Disputes
Monday, July 9	Dispute Resolution Overview Choice of Process
Tuesday, July 10	Mediation Overview: Structure and Goals Mediation Simulation
Wednesday, July 11	Mediation Video Demonstration and Debrief The Stages of Mediation Special Interest Topics: Mediation Advocacy, Legal and Administrative Aspects
Thursday, July 12	Use of Mediation Techniques: Information Exchange and Analysis Evaluation and Decision Analysis
Friday, July 13	Advance Topics in Business Mediation: Intercultural Aspects, Styles and Approaches to Mediation Getting a Case Organized and Dealing with Dilemmas and Difficult Situations
Monday, July 16	Arbitration Introduction: New York Convention Arbitration Procedure
Tuesday, July 17	Advocacy Techniques in International Arbitration-Effective Opening Statements and Use of Evidence How to Interact with the Tribunal Techniques to Win the Arbitrators Over Moot Arbitration Session

Teaching Team

Giuseppe De Palo, President and co-founder of ADR Center, International Professor of Alternative Dispute Resolution Law and Practice at Hamline University School of Law, Professor De Palo is a full-time mediator since 1998. Over the last ten years, he has been team leader of several Euro multi-million projects funded by different international donor agencies in order to promote mediation and arbitration in four continents. Currently, he directs the EC-funded projects titled “Judges in ADR” and “Lawyers in ADR” aimed to promote the use of the EU mediation Directive throughout the Member States.

teaching team Rachele N. Gabellini, trainer and accredited mediator at ADR Center in Rome, is a lawyer with experience in judicial and extrajudicial dispute resolution of international civil and commercial cases. She teaches in many courses and workshops in negotiation, mediation and contract management in Italy and abroad for legal firms, universities and companies, such as Finmeccanica, Selex, Bank New York Mellon and CECED Confindustria.

teaching team M.A. Schonewille , president of ACB Foundation, partner in Toolkit Company, JAMS International panelist, IMI Certified Mediator and Deal facilitator at Result ADR Center for Businesses. Ms. Schonewille teaches business mediation and conflict management at Utrecht University and is the author of among others Toolkit Generating Outcomes. She co-chairs the International Committee of the DR Section of the American Bar Association (ABA).