How to Avoid, Manage and Resolve Business Disputes

Erscheinungsjahr 2018
ISBN: 978-1-5265-0359-6
Verlag: Bloomsbury

Buch, Englisch, 304 Seiten, Format (B × H): 156 mm x 248 mm

Reihe: How To...

Resolving disputes can end up costing the parties a considerable amount of money not only in relation to solicitors' and barristers' fees, court fees, expert witnesses fees, etc, but also in time spent working on the resolution. There is no guarantee that these costs will be fully recovered in any settlement agreement.

It is, therefore, very important for parties to understand what the best and most cost-effective way is to approach resolving any disputes and if possible prevent situations escalating and becoming a dispute in the first place.

Written by consultants and partners of The Dispute Resolution Partnership, How to Avoid, Manage and Resolve Business Disputes (originally titled: Disputes: Avoiding, Managing and Resolving) draws on their real life experiences of operating in different areas focusing on their different specialisms and resulting in a one stop shop for all those who are faced with disputes or the possibility of disputes.

Split into three parts:

1. Avoiding Disputes - effectively managing disagreements before they become disputes
2. Managing Disputes - containing the negative effect when disputes occur
3. Resolving Disputes - when all else fails, finding a cost-effective way to settlement

The book covers everything from how and why disputes occur to negotiating intelligently to workplace facilitation to rebuilding fractured relationships.

Aimed at mediators, who in a growing profession, are recognising the opportunity of expanding their offering beyond dispute resolution, in-house lawyers, CFO's and HR professionals How to Avoid, Manage and Resolve Business Disputes provides the tools to help businesses:

- deal with differences/conflict/disputes in a cost-effective way that preserves important relationships
- maintains control in-house
- reduces expenditure on external lawyers
- focus on wealth-creation, not on pursuing (or defending) claims.

How to Avoid, Manage and Resolve Business Disputes includes case studies and summary guidelines.

Autoren/Hrsg.

Richbell, David

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht Schiedsverfahrensrecht, FamFG (vormals: FGG)

Inhaltsverzeichnis

Avoiding Disputes - effectively managing disagreements before they become disputes:

· How and why disputes occur
· Communication is everything
· Managing complaints with empathy
· Having difficult conversations
· Negotiating intelligently
· Board mentoring
· Executive coaching
Managing Disputes - containing the negative effect when disputes occur:

· Escalating dispute management process
· Third party intervention
· Workplace facilitation
· Co-operation v confrontation
· Preparing a persuasive case
Resolving Disputes - when all else fails, finding a cost-effective way to settlement:

· Choosing the appropriate process
· Assessing risk sensibly
· Developing effective strategies
· Devising creative solutions
· Rebuilding fractured relationships

Über Autor(innen)

Richbell, David
David Richbell is one of the most well-respected mediators in the civil and commercial sector. He started mediating commercial cases in 1992 and has built up his reputation over the last 20 years. He is now one of the most experienced independent commercial mediators in Europe.

He is 'particularly recommended for his ability to gain the confidence of both parties, and make clients concentrate on the heart of the case' (Chambers 2005)

David is a senior panel member of In Place of Strife (IPOS) The Mediation Chambers ( www.mediate.co.uk ) He is a Senior Mediator on the Panel of Independent Mediators (PIM) - this is by invitation only and based upon significant recognition by the market and by peers. He is also a registered, trained and accredited CEDR mediator and trained with Endispute in Boston and Harvard. He was awarded his fellowship with the Chartered Institute of Arbitrators (FCIArb (Med)) in 2008.

David wrote and compiled the CEDR Mediator Handbook and was former Director of Training at CEDR. He was co-author of CEDR's Continuing Professional Development policy document which was the first document to set the standard for the profession.

David has lead the Chartered Institute of Arbitrators (CIArb) Mediator Training Course for a number of years. He now leads the Mediator Training Course in partnership with RICS.

General Editor and Contributor
David Richbell is a partner in The Dispute Resolution Partnership. He is a Civil and Commercial Mediator of over 20 years experience. Originally from a construction background he has mediated cases over numerous sectors both in the UK and several countries overseas. His settlement rate is remarkably high.

For many years David trained mediators in the UK and overseas but now concentrates on raising awareness, particularly in countries where mediation is in its' infancy, and helping users to make the best of mediation.

"One of the top ten most respected commercial Mediators in the world" (Who's Who Legal 2014).

Contributors
Zaza Elsheikh is a medical doctor and a Civil/Commercial, Workplace and Family Mediator and International Commercial Arbitrator.
David A Evans is an accredited CEDR Mediator with over 25 years experience in OD driven commercial transformation roles, Employee Relations, HR leadership, executive business leadership and Mediation.
Stephen Hall is a former head of marketing communications in Europe at Ericsson and has also worked in the Middle East, Asis and USA, providing a breadth of customer and company experience.
Oliver Richbell is a partner in The Dispute Resolution Partnership and former Commercial Litigation solicitor when his focus was on helping clients settle disputes before going to Court.
Wolf von Kumberg is a certified mediator and arbitrator (FCIArb) with over 30 years of international legal and business experience.
Ian White is a coach/mentor for senior management in a variety of sectors and is a consultant in board evaluation, governance and professional team stratetgy.