[HS] Civil Litigator’s Toolkit: Preparing for Trial, Settlement & ADR Mediation
Work step by step through what you need to do to successfully prepare for trial, from planning your witness statements and pre-trial vs trial evidence, to preparing evidence and making opening submissions. Walk away with valuable strategies concerning settlement offers and drafting enforceable settlement agreements. Gain insights into how to emerge successful in mediation, by getting the tips on how to deal with the Mediator. WEB248N02
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Farid Assaf SC, Banco Chambers; Preeminent Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2023
Professional Skills
1.00pm to 2.00pm A Guide to Preparing for Trial
- Establishing a plan and a strategy
- Planning witness testimony
- Lay and expert witnesses, timing and rules of evidence
- Preparing and getting the best out of your witnesses
- Pre-trial evidence exchanges vs at trial evidence
- Getting your notices right
- Notices to admit facts and documents
- Notices to produce and subpoenas for production
- Preparing opening submissions
Presented by Jason Betts, Partner, Global Co-Head of Class Actions, Herbert Smith Freehills; Market Leader Commercial Litigation & Dispute Resolution Lawyer and Leading Class Actions Lawyer, Doyle’s Guide 2023
Professional Skills
2.00pm to 3.00pm Settlement Offers and Without Prejudice Communications: Getting the Best Deal for Your Client
- Rules relating to ‘without prejudice’ privilege and Evidence Act protections
- Admissibility issues
- Potential pitfalls: when ‘without prejudice’ privilege can be lost
- Calderbankoffers and formal offers pursuant to the Rules
- Maximising your client's prospects of a meaningful costs order
- Latest judicial guidance
Presented by Stacy Miller, Partner, Cronin Miller; Recommended Commercial Litigation & Dispute Resolution Lawyers, Doyle’s Guide 2023
3.00pm to 3.15pm Break
Professional Skills
3.15pm to 4.15pm Alternative Dispute Resolution: Dealing with Mediators
- Providing the mediator with sufficient evidentiary material and court documents to be concisely appraised of the issues in dispute
- Remember that the function of the mediator is not to make decisions: the mediator needs to know the questions which will arise in reaching a resolution (not all the answers)
- Consider what, if any, material will be provided confidentially either in the written material or in private session
- Provide concise position papers spelling out a desired outcome and is not simply an attack on the other side
- Remember that the primary function of the mediation is to get a case resolved and it's not the forum for running the trial
Presented by Campbell Bridge SC, 7 Wentworth Selborne
Professional Skills
4.15pm to 5.15pm Drafting Effective Settlement Agreements: Components and Structure
- The essential elements of a bulletproof settlement agreement
- Documenting with clarity & certainty: the agreement, the terms & parties’ rights and obligations
- Timing issues and strategic considerations
- Form of agreement: Deed or covenant not to sue?
- Key clauses: the important considerations for each & drafting tips
- Enforcement: how to avoid an agreement being set aside
Presented by Mark Martin KC, Level 10 Inns of Court
Presenters
Speaker profiles to be confirmed at a later date