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BUSINESS PERSPECTIVES ON DISPUTE RESOLUTION

Explore key business objectives, dispute resolution alternatives, common dispute types, and factors influencing choice of resolution method in conflict management. Learn how to achieve fair outcomes, minimize damages, and enforce awards efficiently.

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BUSINESS PERSPECTIVES ON DISPUTE RESOLUTION

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  1. BUSINESS PERSPECTIVES ON DISPUTE RESOLUTION Clyde W. Lea Deputy General Counsel Litigation, Employment and Compliance ConocoPhillips January 2009

  2. Business Objectives • Fair & Acceptable Outcome • Cost Effective Process • Timely Resolution • Minimal Collateral Damage • Enforceable Award

  3. Dispute Resolution Alternatives • Negotiation • Mediation • Advisory Opinions (Mini-Trials, etc.) • Arbitration • Litigation

  4. Common Disputes Types • General Commercial Disputes • Co-Venturer & Partner Disputes • Large Construction Project Disputes • Employment Claims • Intellectual Property Disputes • Environmental Claims • Product Liability & Personal Injury Claims • International Disputes (Private & Sovereign)

  5. Factors Affecting Choice of Alternative • What’s Available • Amount in Controversy • Predictability of Outcome • Impact on Relationships (Continuing or Single Transaction) • Cost of Proceedings • Timeliness • Enforceability and Finality

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