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BUSINESS PERSPECTIVES ON DISPUTE RESOLUTION

BUSINESS PERSPECTIVES ON DISPUTE RESOLUTION. Clyde W. Lea Deputy General Counsel Litigation, Employment and Compliance ConocoPhillips January 2009. Business Objectives. Fair & Acceptable Outcome Cost Effective Process Timely Resolution Minimal Collateral Damage Enforceable Award.

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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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