CPD Course:
The ADR Spectrum
- How to Choose
Between Different
Dispute Resolution
Process?

Danny, a CEDR Director for 11 years and is dually qualified as a lawyer both in Australia and the UK.  He has been involved in negotiation, conflict resolution training, mediation and international business for over 20 years.  After completing his Masters in Commercial Law he specialized in dispute resolution and international trade.

Danny speaks Mandarin Chinese fluently and mediates regularly in Hong Kong and China using both English and Mandarin.  He has worked with people of all nationalities and has a clear understanding of the dynamics of mediating and arbitrating across national boundaries.  Based in Hong Kong he mediates regularly in the commercial, employment, construction, succession and trusts, banking, insurance, and property sectors with a particular expertise in cross-cultural and multinational disputes.  He is also an expert trainer and facilitator providing training in conflict management, negotiation, change management, unconscious bias and mediation to organisations such as the IFC, UN, ADB, IHG, World Bank and MTR.

In 2009 he was appointed Director of Mediation at the United Nations in New York, mediating cases and this followed on from 2008, when he joined the United Nations Ombudsman’s New York Office in as an expert adviser on the establishment of a new Mediation Division.  His Report formed part of the terms of reference for mediation in the new internal UN Justice System.

Danny has worked as a trainer and consultant in many countries including Azerbaijan, China, Cameroon, Guyana, Hong Kong, Ireland, Mongolia, Singapore, Sweden, the UK and the USA.  He is a visiting Professor at Kobe University Japan teaching International Dispute Resolution.  He has provided consultancy to the legislatures of Hong Kong, China and Vietnam.

Danny is a member of the Hong Kong Government’s Steering Committee on Mediation, Vice Chair of the Hong Kong Mediation Accreditation Association Limited (HKMAAL), International Ombudsman Association, Law Society of England and Wales, Civil Mediation Council, International Bar Association, World Jurist Association, American Bar Association and a Fellow of the Chartered Institute of Arbitrators.  He is currently serving on Mediator Panels: CAO, UN Mediation Division New York, IMI, SIMC, THAC, CEDR Solve, World Bank Group and CCPIT Mediation Centre Beijing.

Recent publications include:

• Book: “China’s International Business Transactions and Laws”, Kluwer Law, 2017, Danny McFadden and D. Wilde KCDM (Editors) also author Chapter on “Mediation in China”
• Book: “Mediation in Singapore”, Co-Editor and Author, Sweet & Maxwell, 2015, New Edition published, 2017.
• Book: “Mediation in Greater China: The New Frontier for Commercial Mediation”, Author, Hong Kong: Wolters Kluwer/CCH Hong Kong, 2013.

• By the end of this session the delegate will be able to provide an analysis of conflict and recognise the underlying causes of conflict and dispute resolution styles.
1. Awareness/exposure to the characteristics and the range of causes of conflict
2. The ability to identify when each type of conflict response is appropriate
3. Understanding the special/unique characteristics of conflict models
4. How to select the most appropriate conflict response to a dispute
5. Introducing conflicts and its origins, styles of dealing with conflicts and the comparisons with litigation

• By the end of this session the delegate will be able to provide a working definition of the ADR spectrum and recognise the value of each type of dispute resolution process.
1. Awareness/exposure to the characteristics and the range of dispute resolution methods
2. The ability to identify when each type of dispute resolution process is appropriate
3. Understanding the special/unique characteristics of each ADR process
4. How to select the most appropriate dispute resolution process for a case
5. Providing the client value and confidence in the type of process chosen

• By the end of this session the delegate will understand the types of mediation models the objectives of the mediator, and the mediation, throughout the various stages of the mediation process.
1. Understanding the various phases of mediation and what to expect in each phase
2. Possessing an awareness of the mediator’s role in each phase of the mediation
3. Overview of some of the major legal issues to consider in mediation
4. Knowing what to expect at each stage of the mediation
5. Identifying the major legal issues/concerns in mediation and how to deal with/respond to each of these issues

• By the end of this session the delegate will understand the uses of different types of arbitration and how to use arbitration effectively.
1. Understanding the various stages of arbitration and what to watch out for when preparing a case for arbitration
2. Possessing an awareness of the arbitrator’s role
3. Overview of some of the major legal issues to consider in preparation for arbitration
4. Knowing what to expect at each stage of the arbitration process in Hong Kong and China
5. Identifying the major legal issues/concerns in arbitration and how to deal with/respond to each of these issues

• By the end of this session the delegate will be able to consider the main points that they need to bear in mind when preparing for adjudication.
1. How preparation for adjudication differs from that for litigation, mediation and arbitration
2. Identifying the main preparation issues for parties and lawyers in adjudication
3. Being able to select the most appropriate strategy
4. Adjudication in UK, recent legislation and the future of adjudication in Hong Kong

• By the end of this session the delegate will be able to identify/recognize the change in dynamics and the responsibilities/role of lawyers and parties in different ADR processes.
1. Aims of ADR professionals
2. Role of lawyer and client
3. Strategies for ADR success
4. To prepare an ADR plan for use in disputes
5. To develop an overall strategy for all types of dispute resolution methods