|Modern methods of dispute resolution. The move away from adversarial litigation.
About this online 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. Develop your strategy to obtain better outcomes. What judges expect from you and how to effectively assist them. 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.
How to Obtain the Available Facts: Issues of relevance, admissibility and prospects of success. How to conduct risk assessments. What happens before you commence proceedings.
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.
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.
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 | Reaching agreement on issues, discovery and expert testimony |Discussing and agreeing on the issues. 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.
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 participants 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.
8 & 9 April 2024 : 13:00 – 16:00
Closing date for registrations: 7 April 2024
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.
All sessions are mandatory to qualify for a certificate.