Dispute resolution clauses are meant to be used when a contractual relationship breaks down and to assist the parties in the management of differences that may emerge.
Being able to draft, interpret and, if necessary, challenge the validity of these clauses is a vital part of the modern lawyer’s obligations.
This resource will acquaint you with the vital elements you will need to keep in mind when considering or attempting these various tasks.
The content includes:
Conditions precedent to maintaining a viable dispute clause
Severability, compliance and remedies
The power to order mediation
How to draft a dispute resolution clause
The presentation consists of the talk; downloadable questions and answers and transcript; links to further reading. Time to complete: 1 hour. The presentation may be started and stopped to suit your convenience. It will pick up where you left off.
This may be recognised as contributing to CPD requirements in accordance with relevant jurisdiction requirements . Enjoy the convenience of just-in-time online learning.
Dr Peter Condliffe is a Mediator and Barrister (Victoria) and an Advanced Victorian Bar and Resolution Institute Mediator. He is one of Australia’s most experienced teachers, facilitators and practitioners in ADR and has written extensively on ADR-related topics.
Dr Condliffe is the Principal Instructor in the Lawyers Mediation Certificate at the Victorian Bar. He is a former CEO of The Institute of Arbitrators and Mediators Australia, Director of the Dispute Resolution Centres in Queensland, Chief of Human Rights and Education at the United Nations Centre for Human Rights in Cambodia, teacher, researcher and consultant. He was the founding President of the Victorian Association for Restorative Justice. He teaches ADR, negotiation and related subjects at several universities and has been involved in over 1000 mediations and group or organisational facilitations.