Litigation Strategy | Online Course | 2026

Modern methods of dispute resolution. Develop your strategy to obtain better outcomes.

The move away from adversarial litigation. What judges expect from you and how to effectively assist them. Resolve disputes efficiently and find client satisfaction.

We discuss the latest Mediation protocols introduced in Gauteng, how to comply and obtain trial dates. The role of ADR in modern dispute resolution and the disadvantages of adversarial litigation techniques

About this course

An intensive 2 sessions that will assist you in developing strategies to obtain better outcomes in litigation and other dispute resolution. The object of dispute resolution is to obtain the best possible outcome for your client; in the shortest possible time. We show you how.

The programme will include:

• Practice Directives: A short discussion on how to comply with practice directives`. Where to find them and which directives are suitable for your practice outside of Gauteng.
• Rule 41A: Purpose of the Rule | How to achieve actual compliance | Notices, how to use and how to reply | The Mediation processes | Costs | There must be actual compliance with the rule. We deal with the new mediation protocols in Gauteng and how to apply for a trial date. The impact on contingency cases.
• How to Obtain the Available Facts. When to obtain all the material facts. Issues of relevance, admissibility and prospects of success. How to conduct risk assessments. What happens before you commence proceedings? The value of weighing the probabilities at an early stage.
• Understanding the issues: Analysis of pleadings | Pleading a version | How to work out the issues between the parties. What amounts to facta probanda (the material facts as pleaded) and how do you discharge the burden of proof. What do judges expect to find in your pleadings and how to present it in a manner that is persuasive. How to include summary judgement (rule 32) in your strategy as plaintiff or defendant.
• Sequencing: How to sequence facts and documents | How to prepare chronology of documents | How to use chronology documents effectively. Using sequencing to develop each stage of your preparation. How can sequencing the facts assist your witnesses?
• Developing a Case Concept: What is your client’s version of what actually happened? Matching your clients’ facts to the applicable law. How to match your clients’ facts to the factual theory or concept. How to develop the case concept and how to plan a strategy around it | How to use the case concept to conduct a trial effectively
• The Burden of Proof and Duty to Begin: The strategy on how to manage the onus and duty to begin. Learn how to carry out a proof analysis in order to discharge the burden of proof.
• What to do at Case Conferences: How to conduct a case conference chaired by a Judge | How to conduct case conferences with your opponent | Achieving the purpose of a case conference. How to prepare the agenda. | Reaching agreement on issues, discovery and expert testimony |Discussing and agreeing on the issues. Filing of minutes of pretrial conferences. What to do with an opponent who will not cooperate.
• Agreeing on the Triable Issue/s: What will a trial judge expect? | How to reduce to writing the agreed issues between the parties | How to present this at trial
• Legal Research: A brief discussion on how to find the appropriate law efficiently | What is the judge looking for? | How to present Law. How to find the Law quickly with the effective use of case annotations. Understanding what judges require of you when presenting the applicable law.
• Discovery (including eDiscovery) and Expert Witnesses: What do the directives require and how to comply | What is “narrow discovery” and how to comply | What is eDiscovery and how to present and prove electronic documentation | How to reach agreement over bundles. The electronic management of discovered documents.
• Witness Preparation: How to test the version, witness analysis and witness briefing. How many witnesses and how to select them? Witness briefing. Knowing when to stop.
• How to handle witnesses in court. The purpose of leading in chief. How to cross-examine and the purpose of cross examination.
• Dealing with the ethics of the hopeless case. How do our courts deal with this?

Presenter

Ismail Hussain SC is a former Judge of the High Court and Competition Appeal Court. He has been a highly popular LEAD trainer for many years. Mr Hussain SC is an expert in commercial drafting, opinion writing, litigation, and case management. He is also a published author. He is a Professor of law at Nelson Mandela University.

What previous attendees said:

• This was wonderful training with very relevant information on modern litigation. I also learned about correcting bad habits that I have picked up along the way.
• Great training, worth every cent and more!
• I loved the interesting and amusing examples referred to during the lectures.
• Thoroughly enjoyed this online course. Brilliantly presented!
• The presenter did an excellent job. It was very informative and added value to my practice.
• Really enjoyed it, was clear and interesting. I think the best I have attended.
• This was such an insightful course. The presenter really made an effort to pass on practical skills which I feel is essential in these types of courses.

Date

12 and 13 May 2026 | Duration: 13:00 – 16:00

Closing date for registrations: 11 May 2026

Note: Kindly note that this course might run over the scheduled time. Please do not arrange any other appointments for at least 30 minutes after the scheduled closing time.

Certification

Attendance at both sessions is mandatory to qualify for a certificate.

Who should register?

Practising legal practitioners (attorneys and advocates) and candidate legal practitioners.

Registration

Registration fee categories (including VAT):

Practising legal practitioners and other staff from legal firms: R 1 800 per person.

Non-practising legal practitioners/others: R 2 700 per person.

Banking details

LSSA banking details: Account name: Law Society of South Africa | Bank: FNB Pretoria | Branch code: 251445 | Account no: 6200 9641 079 | Reference: LitStrat, Surname, Initials

How to register

Kindly note that registrations are done online. For certification purposes, participants should register individually, using their own email address. This will enable the system to generate a unique username and password for each person.

STEP 1:

Payment should be made by electronic funds transfer (EFT) only. You are required to upload the proof of payment (PDF) in step 2 – (Online registration form). Should an invoice be required to effect payment, replace the proof of payment document with a note (Word) requesting an invoice.

STEP 2:

CLICK ON THE ABOVE LINK TO REGISTER

STEP 3:

After submitting your registration, you will receive a system-generated confirmation email.

If you do not receive it, please contact Bettie Lubbe.

For more information about this course contact Bettie Lubbe:

Email: Bettie@LSSALEAD.org.za  | Tel No. 012 4414670

TERMS & CONDITIONS

Webinar/Online Course Access Policy

Please read before registering:

Our webinars/online courses are licensed for individual use only. By registering, you agree to the following terms:

• One registration = one attendee. Group viewing or sharing access is not allowed.
• Accessing the webinar using generic or ambiguous identifiers like boardrooms, meeting rooms, or under a firm/Company name is not permitted
• Attendees must join, using their full name as provided during registration
• Sharing access links or allowing others to join under your registration is strictly prohibited. It is a violation of our policy and professional ethics and may result in access being denied or revoked without refund.

Key information

• The LSSA is not liable for payments made into the incorrect bank account.
• The course is presented in English only.
• The course will be delivered via MS Teams. Please install the application before the course begins.
• In line with company policy and copyright laws, recordings and PowerPoint presentations will not be shared and are not included in the course fee. Unauthorized recording or transcription is strictly prohibited.
• Course materials and MS Teams link(s) will be emailed approximately 24 hours before the course.
• Check your junk folder if you do not receive the email.
• If still not received, contact Bettie Lubbe at Bettie@LSSALEAD.org.za.
• Test your link(s) upon receipt.
• Cancellations must be submitted in writing before the course material and link(s) are sent. No cancellations will be accepted thereafter. Non-attendance or late cancellation will result in the forfeit of fees.
• LSSA/LEAD may cancel or postpone a course if there is insufficient demand. In such cases, delegates will be informed and fully refunded.