Training

2012 EMPLOYMENT CONFLICT - AND DISPUTE RESOLUTION IN DEVELOPMENT

  

DATES: OCT 1 - 12, 2012
   
TUITION: $3950    
     

 

 

 

 

Overview

This seminar focuses on building conflict and dispute resolution skills in the employment/ labor arena, by utilizing various mechanisms including negotiation, mediation/conciliation and arbitration. The development of these skills will take place in the context of analyzing the necessary systems, processes and policies which may assist in the effective resolution of labor and employment conflicts. Negotiation and mediation exercises, role- plays, case studies, and a simulated labor arbitration will be utilized to build skills and facilitate a deeper understanding of these fundamentally important mechanisms. A round table discussion focusing on issues identified by participants will conclude the seminar. As workplaces are diverse, emphasis will be placed on the cross-cutting and essential employment conflict- and dispute resolution skills which will apply in different environments. Managers, supervisors, trade union officials and legal practitioners will benefit from this seminar.

 

Course Outline

  

Setting the Context for Labor Conflict and Dispute Resolution

  • Key aspects of Labor and Employment Law (also referencing some important International Labor Conventions and Recommendations)
  • Individual employment, versus the collective (trade union) labor relationship
  • Workplace conflict: understanding its causes, dynamics and implications
  • Setting up policies and systems to facilitate workplace conflict prevention and resolution
  • Key policies and their implementation – grievances, discipline, performance, changing operational needs
  • Employment termination – misconduct; incompetence/incapacity; operational reasons

 

Labor Conflict and Dispute Resolution Mechanisms

  • Negotiation (Styles; Approaches; Negotiation Process; Skills; Techniques)
  • Mediation (Principles; Mediation Process; Role of Mediator; Skills; Techniques)
  • Hybrid processes
  • Arbitration (Labor Arbitration Mechanisms; Agreement; Arbitration Process; Stages; Role of Arbitrator; Skills; Techniques)

 

Course Advisor

Gerhard Botha is Director of Programs at ILI. Previously, he worked for the World Bank as a senior sector specialist in legal and judicial reform and private and financial sector development. Mr. Botha specialized in labor/employment law and relations, conflict resolution and negotiations, both in private practice and within a large corporate environment in Southern Africa. He has over 25 years experience in legal and labor relations practice, and in international development. Mr. Botha holds B.A. and LL.B degrees from the University of Stellenbosch in South Africa, an LL.M in Labor Law, from the University of South Africa and an LL.M focusing on labor/ employment law and Alternate Dispute Resolution, from The George Washington University Law School in Washington DC.

 

2012 LEGISLATIVE STRATEGIC PLANNING AND MANAGEMENT

  

DATES: AUG 20 - 31, 2012
   
TUITION: $3950    
     

 

 

 

 

Overview

This seminar is designed for parties responsible for providing support services to legislatures and parliaments. The growing demands on elected officials and their staffs to enact laws and review national policies efficiently and effectively in an ever–changing and complex environment requires new attention to how the process and institutions are managed. The focus will be on the organizational structure and practical techniques for managing legislative institutions and the support services necessary to accomplish this in an efficient and effective manner. Seminars will be conducted using site visits along with class programs and actual case studies. Participant round tables will be an important component to learning best practices. Special arrangements may be made with advance notice to tailor seminars for parties with specific interests.

 

Course Outline

  

Role of Legislative Staff

  • The relationship between career and political staff appointments
  • Effective allocation of staff to support member offices, committees, leadership and administrative services

 

Legislative Organization

  • Comparative analysis of legislative and parliamentary models
  • Review of unicameral and bicameral structures
  • How to work with leadership offices and through committees
  • How can the legislative branch have a more productive relationship with the executive branch?

 

Legislative Support Offices

  • Budgeting, staffing and training
  • Determining what legislative support offices are appropriate for a specific country or state; e.g. research, legislative drafting, committees, administration and members' offices

 

Site Visits

  • United States Congress
  • Library of Congress
  • State legislatures in Washington, DC area

 

Course Advisor

H. Stephen Halloway is the Director of ILI's Center for Comparative Legislative Management. He has over 35 years of experience in senior legal and policy positions in the U.S. Government, the U.S. Senate, the United Nations and the Inter-American Development Bank. He was Chief Regulatory Officer for the U.S. Department of Commerce and a civil rights attorney in the U.S. Department of Justice. He is co-founder of the Multilateral Procurement Group, an informal steering committee of multinational companies and consultants regularly doing business with the MDBs and UN.

 

2012 ADVANCED LEGISLATIVE DRAFTING

  

DATES: AUG 6 - 17, 2012
   
TUITION: $3950    
     

 

 

 

 

Overview

This course offers an intensive experience in drafting legislation. The course assists participants in mastering several common legislative provisions that pose special challenges to legislative drafters. Participants will do several medium-length drafting assignments and draft a longer, complex bill. Some prior experience in legislative drafting or legislation is helpful.

 

Course Outline

  

Drafting a Simple Bill

  • Learning to convert a legislative proposal into a bill for introduction in a legislative chamber

 

Drafting Amendments to a Bill and to Law

  • Committee "markup" amendments
  • "Floor" (whole House) amendments
  • Amendments to existing law

 

Instruction on Specialized Legislative Processes

  • Working with legislative committee
  • Budget and appropriations rules and problems
  • Visiting the Congressional Budget Office or Government Accountability Office

 

Drafting a Government Grant Program

  • Instruction in selection and drafting of legislative language authorizing grants

 

Drafting Government Reorganization

  • Establish a Government Agency
  • Abolish a Government Agency
  • Consolidating Government Agencies
  • Savings ("grandfather") clauses
  • Transition provisions
  • Repeals

 

Drafting a Complex Bill

  • Organization of Legislative Provisions
  • Supervision and Individual Review of Drafting Work

 

Course Advisor

Arthur J. Rynearson served as the Deputy Legislative Counsel of the United States Senate from 1999 to 2003. For more than 26 years, he was an attorney-drafter in the Office of the Legislative Counsel, United States Senate, where he drafted thousands of bills, resolutions, and amendments. He has 20 years experience teaching legislative drafting and legislation to foreign parliamentarians, attorneys, and law students. He also served as a legislative researcher for the Congressional Research Service of the Library of Congress. He is a graduate of the Cornell University Law School, where he specialized in international legal affairs, and a Phi Beta Kappa graduate of Hamilton College, where he majored in Government.

   

2011 WORKSHOP ON LEGISLATIVE DRAFTING

  

DATES: JUN  20 - JUL 1, 2011
TUITION: $3950

 

 

 

Overview

This seminar stresses learning by doing. Participants will convert specific legislative proposals into draft legislative language and structure, including the drafting of a bill. Instruction will include the basics in drafting common statutory provisions. The United States legislative process will be introduced as a case study.

 Members of parliaments, executive, and judicial branches; law drafters, lawyers, and other individuals with an interest in effective legislative drafting techniques and methods.

 

Course Outline

Legislative Drafting Principles and Analysis

  • Applying legislative drafting principles and analysis to proposals for new legislation

Elements of Legislative Drafting: Rules and Exercises

  • Achieving the intended legal effect
  • Drafting clear legislative sentences
  • Structuring and organizing bills and other legislation
  • Drafting amendments, repeals, and superseding language to existing law

Hands-On Drafting of Legislation

  • Drafting a bill from a specific legislative proposal
  • Legislative devices to avoid constitutional confrontation with executive authority: exceptions, waivers, and accountability provisions

Drafting Common Legislative Provisions

  • Enforcement provisions
  • "Power of the purse" funding provisions
  • Grant programs
  • Governmental commissions

Legislative Process

  • Development of legislative policy
  • Comparison of U.S. and foreign legislative processes
  • Implementation of treaties through domestic legislation
  • Role of legislative committees in developing legislation
  • Role of professional legislative services and other legislative support services

Course Advisor

Arthur J. Rynearson served as the Deputy Legislative Counsel of the United States Senate from 1999 to 2003. For more than 26 years, he was an attorney-drafter in the Office of the Legislative Counsel, United States Senate, where he drafted thousands of bills, resolutions, and amendments, with a specialization in foreign relations, international, and immigration law. He has 20 years experience teaching legislative drafting and legislation to foreign parliamentarians, attorneys, and law students. He also served as a legislative researcher for the Congressional Research Service of the Library of Congress. He is a graduate of the Cornell University Law School, where he specialized in international legal affairs, and a Phi Beta Kappa graduate of Hamilton College, where he majored in Government.

Sample of Selected Faculty

Frank Burk, Former US Senate Legislative Counsel

 

2012 WORKSHOP ON LEGISLATIVE DRAFTING

  

DATES: JUN  18 - 29, 2012
TUITION: $3950

 

 

 

Overview

This seminar stresses learning by doing. Participants will convert specific legislative proposals into draft legislative language and structure, including the drafting of a bill. Instruction will include the basics in drafting common statutory provisions. The United States legislative process will be introduced as a case study.

 

Course Outline

Legislative Drafting Principles and Analysis

  • Applying legislative drafting principles and analysis to proposals for new legislation

Elements of Legislative Drafting: Rules and Exercises

  • Achieving the intended legal effect
  • Drafting clear legislative sentences
  • Structuring and organizing bills and other legislation
  • Drafting amendments, repeals, and superseding language to existing law

Hands-On Drafting of Legislation

  • Drafting a bill from a specific legislative proposal
  • Legislative devices to avoid constitutional confrontation with executive authority: exceptions, waivers, and accountability provisions

Drafting Common Legislative Provisions

  • Enforcement provisions
  • "Power of the purse" funding provisions
  • Grant programs
  • Governmental commissions

Legislative Process

  • Development of legislative policy
  • Comparison of U.S. and foreign legislative processes
  • Implementation of treaties through domestic legislation
  • Role of legislative committees in developing legislation
  • Role of professional legislative services and other legislative support services

Course Advisor

Arthur J. Rynearson served as the Deputy Legislative Counsel of the United States Senate from 1999 to 2003. For more than 26 years, he was an attorney-drafter in the Office of the Legislative Counsel, United States Senate, where he drafted thousands of bills, resolutions, and amendments, with a specialization in foreign relations, international, and immigration law. He has 20 years experience teaching legislative drafting and legislation to foreign parliamentarians, attorneys, and law students. He also served as a legislative researcher for the Congressional Research Service of the Library of Congress. He is a graduate of the Cornell University Law School, where he specialized in international legal affairs, and a Phi Beta Kappa graduate of Hamilton College, where he majored in Government.

Sample of Selected Faculty

Frank Burk, Former US Senate Legislative Counsel

   

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