Managing Pre-Litigation Settlement Strategies

Turn pre-litigation settlement from a stated policy into a practice your organisation can evidence.

📍 Istanbul🗓️ 5 training days📚 4 modules🎓 Accredited certificate
5intensive training days
4scientific modules
8training sessions
32detailed points

Course Overview

A contract governing pre-litigation settlement that nobody administers is a document, not a control. Ambiguity in this part of legal and contractual practice is resolved against the party that drafted it. Where this area of legal and contractual practice is measured, it improves; where it is only discussed, it drifts. Participants take away a working set of documents supporting pre-litigation settlement, ready to be adapted internally. Work is grounded in real cases drawn from the legal and contractual practice discipline, which each participant adapts to conditions in their own organisation. The level assumes working familiarity with the contract portfolio but no prior formal training in this aspect of legal and contractual practice. It treats pre-litigation settlement as an operating discipline and equips participants to run it as one. Ambition around the legal and contractual practice discipline outruns capacity unless the sequencing is deliberate. The programme ends where implementation begins, with this aspect of legal and contractual practice broken into steps someone can start on Monday.

Expected Learning Outcomes

01

Standardise recurring terms on pre-litigation settlement while preserving necessary flexibility.

02

Identify the clauses in pre-litigation settlement that determine outcome when performance fails.

03

Build the internal capability for pre-litigation settlement rather than depending on external support indefinitely.

04

Manage variations and change to pre-litigation settlement without losing contractual position.

05

Verify that improvements to pre-litigation settlement have held six months after they were introduced.

06

Prepare the evidential record supporting decisions taken under pre-litigation settlement.

07

Recognise early indicators that pre-litigation settlement is drifting away from its intended design.

Who Should Attend

01

Claims and dispute specialists working on pre-litigation settlement.

02

Project and programme managers whose delivery depends on pre-litigation settlement.

03

Newly appointed managers taking on pre-litigation settlement for the first time.

04

Company secretaries and governance officers overseeing pre-litigation settlement.

05

Compliance officers assessing obligations under pre-litigation settlement.

06

Project managers whose delivery is governed by pre-litigation settlement.

Course Modules

01

Pre-litigation settlement: claims, evidence and quantification

2 sessions · 8 points

Session 1Who may bind the organisation on pre-litigation settlement

  • Establish who administers pre-litigation settlement day to day once it is signed.
  • Protect confidential information and intellectual property shared under pre-litigation settlement.
  • Anticipate the objections pre-litigation settlement will raise and prepare the answers.
  • Verify six months later that changes to pre-litigation settlement have held.

Session 2What has to be agreed before work on pre-litigation settlement starts

  • Confirm bonds, guarantees and insurance supporting pre-litigation settlement are valid and current.
  • Check the governing law and jurisdiction clauses in pre-litigation settlement are consistent.
  • Identify which party bears each material risk under pre-litigation settlement, and whether that is intended.
  • Plan the sequence in which improvements to pre-litigation settlement will be introduced.
02

Pre-litigation settlement: notices, records and time bars

2 sessions · 8 points

Session 1Confidentiality and intellectual property inside pre-litigation settlement

  • Arrange the handover of pre-litigation settlement so capability survives staff changes.
  • Establish who is informed, consulted and accountable in pre-litigation settlement.
  • Define the termination triggers in pre-litigation settlement and the consequences of each.
  • Record contemporaneous evidence of performance under pre-litigation settlement as it happens.

Session 2Security and payment protection within pre-litigation settlement

  • Check that records of pre-litigation settlement answer the questions likely to be asked.
  • Handle each variation to pre-litigation settlement in writing, with price and time consequence agreed.
  • Identify where judgement in pre-litigation settlement is legitimate and where it is not.
  • Establish what evidence demonstrates pre-litigation settlement is under control.
03

Pre-litigation settlement: the clauses that decide the outcome

2 sessions · 8 points

Session 1Moving pre-litigation settlement from approval to execution

  • Set escalation thresholds for pre-litigation settlement that work out of hours.
  • Assess whether the dispute route in pre-litigation settlement suits value and relationship.
  • Compare the cost of pre-litigation settlement with the cost of its absence.
  • Reduce the variation in how pre-litigation settlement is carried out between teams.

Session 2The decisions in pre-litigation settlement that cannot be delegated

  • Review the definitions in pre-litigation settlement for terms doing heavy commercial work.
  • Standardise recurring clauses in pre-litigation settlement into an approved template.
  • Identify the data already collected that bears on pre-litigation settlement.
  • Apply data protection requirements to personal data handled under pre-litigation settlement.
04

Pre-litigation settlement: drafting and deliberate risk allocation

2 sessions · 8 points

Session 1Choosing the dispute route for pre-litigation settlement deliberately

  • Rank the weaknesses in pre-litigation settlement by consequence rather than by ease of fixing.
  • Maintain a contract register capturing key dates and obligations in pre-litigation settlement.
  • Review limitation and exclusion clauses in pre-litigation settlement for enforceability.
  • Agree the smallest change to pre-litigation settlement that would be visibly useful.

Session 2The clauses in pre-litigation settlement that matter when performance fails

  • Review closed contracts on pre-litigation settlement for lessons before drafting the next one.
  • Record the reasoning for any departure from the standard position on pre-litigation settlement.
  • Check that pre-litigation settlement still works when volumes rise unexpectedly.
  • Define acceptance criteria for pre-litigation settlement in advance.

Choose the package that suits you

Silver Package

At least 3 people

USD1,250
  • Workshop or Program Participation
  • Airport Transfers
  • Customized Badge
  • Expert Mentorship (Private Sessions)
  • Supervision & Secretarial Services
  • Accredited Certificate of Participation
  • Complete Training Kit
  • Coffee Break
  • Closing Ceremony

Gold Package

At least 3 people

USD1,850
  • 5-night stay in a 5-star hotel
  • Workshop or Program Participation
  • Airport Transfers
  • Customized Badge
  • Expert Mentorship (Private Sessions)
  • Supervision & Secretarial Services
  • Accredited Certificate of Participation
  • Complete Training Kit
  • Coffee Break
  • Closing Ceremony

Complete your registration

We will contact you within one business day to confirm.