Alternative Dispute Resolution & Civil Litigation

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In Brief

Practitioners need to be well versed in the art of making a deal and in the art of ‘commercial divorce’. Clients will be keen to either find a commercial solution to their disputes or ‘get divorced’ with minimal expenditure. Different tools are available to assist practitioners and the ultimate choice of how to come out of commercial transactions, will depend on the objectives of the parties. Less contentious alternatives may be adopted where clients are eager to continue their commercial relationship and/or minimise media attention or avoid a floodgate of prospective claimants.  

Whatever method is chosen, preparation is essential. Knowing the client’s BATNA and bottom line, identifying zones of potential agreement, and putting in place a strategy are crucial for a successful outcome which is acceptable to both sides of the transaction or dispute. Against this background, a well-prepared practitioner will also be thinking of all the ‘what if’ scenarios. What if the matter does not settle, what if the agreement is breached and what if enforcement is necessary?

With Judges placing more and more pressure on parties to reach settlement, knowledge of all methods of dispute resolution, how to achieve and implement a strategy have become essential skills.

What’s in this module?

Negotiation>> learn about the essential elements for a successful negotiation and how to prepare for success

Mediation >> how to set a mediation, role of the mediator and learn about other forms of judicial or expert determinations

Arbitration >> study the advantages and disadvantages of arbitration hearings and how to obtain international enforcement of arbitral awards

Civil Litigation>> examine the different stages of civil litigation, case management procedures and different methods for enforcing judgements    

  • Exercises
  • Case Study
    • A Precedent -making case in common law
      • details and judgement
      • why the case is important
  • Writing Corner
    • Writing an advice for a client to enforce a judgment
    • Advice from a solicitor on alternative dispute resolution