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School of Law

Navigating Business Disputes In A World Of ESG Uncertainty For Contracts And Project Managers In The Gulf Region

Schools School of Law Navigating Business Disputes In A World Of ESG Uncertainty For Contracts And Project Managers In The Gulf Region

Programme Overview

The programme 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. 

Programme Benefits Programme Modules Virtual Learning Programme NYLS Certificate of Completion and ADGM Academy Certificate of Completion 12 HRS/module (twice/week 3 HRS/session)
Programme Benefits
Explore the roots of business disputes, including those linked to ESG, digital transformation, and climate challenges, and learn strategies to prevent or minimise their impact.
Gain tools to manage difficult conversations productively, negotiate effectively, and use contracting techniques to create settlement “offramps.”
Study conflict risk assessments, dispute management systems, and the full range of private resolution methods, while learning to evaluate costs, benefits, and process choices.
Learn issuespotting and collaborative techniques, draft effective contract amendments and settlement agreements, and use facilitative negotiation to realign contracts under changing circumstances.
Entry Requirements

The programme is designed for business managers involved in contracts and project management, as well as inhouse counsel advising on contractual and project matters. It is equally relevant for outside counsel, particularly transactional lawyers, who support clients in these areas. Key industries include construction, energy, and technology sectors such as aviation, aerospace, and manufacturing.  

With the region’s focus on the energy transition and upcoming renewable projects in wind, solar, and carbon capture, the programme offers timely expertise for professionals navigating these evolving landscapes.

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Learning Outcomes

Avoiding Disputes:  

Communication and Relationships 

  • Warning signs and storms 
  • What is conflict? 
  • Why conflict is magic 

How Conflict Arises and How to Recognise 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 

Managing Disputes: 

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 

Resolving Disputes: 

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 

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