Civil Litigator’s Toolkit: From Trial to Settlement
WEB213NZA22: Master the civil litigation process with this expertly curated step by step guide. Work through what you need to do to successfully prepare for trial, from case theory to preparing evidence to making opening and closing submissions. Hone your advocacy skills to improve your chances of success in your litigation matters and, gain insights into how to emerge successful in settlement negotiations and mediation. This programme will equip you with the key essential skills for success.
Description
Attend and earn 3 CPD hours
Chair: Julia Carlyon, Partner, Meredith Connell
9.15am to 9.20am Opening Comments by the Chair
9.20am to 10.05am A Guide to Preparing for Trial: From Case Theory to Closing Submissions
- Case theory
- Marshalling the evidence
- Last minute amendments
- Agreed facts
- Pre-trial advice
- Opening submissions
- Preparation for direct examination
- Preparation for cross-examination
- Closing submissions
Presented by Sam Lowery, Barrister, Bankside Chambers
10.10am to 10.55am Practical Advocacy to Find Success
- Learn how to develop your skill at preparation and argument
- Client needs and expectations
- Structure of arguments
- Communication in court
Presented by Felicity Monteiro, Partner, Wilson Harle
11.00am to 11.45am Top Tips for Lawyers for the Best Outcome in Mediation
Providing practitioners with a general overview of mediation, tactical awareness of how to approach mediation, and how to get the best out of mediation for your client.
- An overview of mediation
- Confidentiality
- Benefits to the parties
- Creative solutions
- Mediation preparation:
- Discussion points for your client
- LIM
- BATNA
- What matters most to your client
- In mediation:
- Offers likely to offend
- Calculated anchored offers
- Brainstorming
- Mediator and client only discussions
- To zoom, or not to zoom?
Presented by Darren Rawlins, Mediator, Focus Mediation
11.50am to 12.35pm Settlement Fundamentals: Getting the Best Deal for Your Client
- Forums and timing for settlement discussions
- Without prejudice privilege
- Tips for settlement negotiations
- Drafting full and final settlement clauses
Presented by Nina Blomfield, Senior Associate, Simpson Grierson
12.35pm to 12.40pm Final Q+A and Closing Comments by the Chair
Learning Objectives:
- Benefit from practical guidance on preparing for trial
- Enhance your advocacy skills in the courtroom
- Receive valuable tactics on achieving the best outcome in mediation for your client
- Gain tips for settlement negotiations and how to draft full and final settlement clauses
Presenters
Julia Carlyon, Partner, Meredith Connell
Julia is a Partner in the Commercial litigation group with over 14 years experience in civil litigation. Before working at Meredith Connell, Julia worked at a specialist litigation firm in Auckland and then at a specialist civil fraud firm in London. Julia acts for government departments on large scale commercial litigation and has acted for private companies on a range of disputes, including judicial review proceedings, contractual and tortious disputes and fraud claims involving injunctions in multiple jurisdictions. In addition to having excellent technical skills, Julia takes a practical approach to litigation, thinking strategically to achieve a client’s desired outcome be it negotiation of a quick resolution or managing legal claims to get the best result for a client. Julia has acted in mediations, arbitrations and the District Court, High Court and Court of Appeal.
Sam Lowery, Barrister, Bankside Chambers
Sam Lowery acts in commercial, regulatory and criminal cases. He has 15 years’ litigation experience in New Zealand and abroad, with particular expertise as trial counsel in complex and often high profile cases. In New Zealand, Sam’s practice has focused on commercial and regulatory litigation. He has prosecuted significant cases for the Commerce Commission, the Financial Markets Authority and Maritime New Zealand. He has also acted for commercial clients in a range of litigation matters, with a particular focus on fraud and financial cases. His commercial practice has been varied, and has included cases regarding theft of trade secrets, negligence, breach of contract and breach of fiduciary duties. Sam is an experienced trial lawyer, having prosecuted a large number of jury trials as a Crown Prosecutor, and judge-alone trials on behalf of regulators.
Felicity Monteiro, Partner, Wilson Harle
Felicity is an experienced civil and commercial litigator. She holds a LLB (Hons) and LLM (First Class) from the University of Auckland. She was admitted to the bar in 2007 and has been with Wilson Harle since then. Felicity has assisted clients involved in a wide range of disputes relating to contract and tort issues, debt recovery, insolvency, trust disputes, telecommunications, insurance and shipping and admiralty claims. She has appeared as counsel in the courts at all levels and has assisted clients in mediations, arbitrations and commercial settlements. As well as conducting litigation, Felicity has also provided in-depth advice in the areas of insurance law, public law, commercial law, maritime and admiralty law, and regulatory and competition law.
Darren Rawlins, Mediator, Focus Mediation
Darren spent over 20 years as a litigator in London, UK before moving to Auckland. Darren's effectiveness as a mediator is supported by his litigation career in London. Darren is an associate member of the Arbitrators and Mediators Institute of NZ (AMINZ) and also an accredited Family Dispute Resolution mediator. He has experience working with Oranga Tamariki, the Family Court, and with parents with protection/parenting orders. In addition to providing consultancy for the NZDRC, and the FDR Centre, Darren is also experienced as a mediator in NZ relationship property, property, contracts, trusts, employment disputes, and ACC review applications.
Nina Blomfield, Senior Associate, Simpson Grierson
Nina is a senior associate in the litigation department at Simpson Grierson and specialises in resolving complex commercial disputes. She has specific expertise in disputes involving breach of contract, financial markets, companies law, and regulatory matters, and has a particular focus on class actions and litigation funding. She has also acted on a number of disputes in the telecommunications and energy sectors. Nina regularly assists clients to resolve their disputes through negotiation, mediation, arbitration and court proceedings. She also advises clients in relation to regulatory investigations and enforcement action.